Justice 2 Committee, 25 Jun 2002

Meeting date: Tuesday, June 25, 2002

Official Report 205KB pdf

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Convener's Report

There are two brief matters to raise under the convener's report. The first relates to an article in this week's Scotland on Sunday—I do not know whether members have read it. The article involves a potential leak of our report on the Crown Office and Procurator Fiscal Service inquiry, although it could be read as simply a report of what is already in the Official Report. Do members wish to comment on the article or to suggest possible actions?

Like the convener, I was desperately disappointed to open a Sunday newspaper and once again read what seem to be quotations lifted from a draft report. We are nowhere near a conclusion on the report, but it has been splashed all over a Sunday newspaper. We should ask the clerks to check the relevant parts of the Scotland on Sunday article to discover whether what the article says has been lifted from the draft report, which has been circulated to members.

I am equally concerned that the article appears to quote comments of a member of the Justice 1 Committee on the contents of the draft report. That should be investigated. It is utterly pointless to conduct inquiries and write reports if people can read about them in newspapers months before we reach a conclusion. That is a waste of time.

Are members happy to follow George Lyon's suggestions?

Members indicated agreement.

The second matter under the convener's report is petition PE336, which is on civil justice for asbestosis victims. The committee asked Bill Aitken and me to keep the matter going, because we decided that the issue is of prime importance. I will update members on the situation. We have met the Lord President and discussed with him the committee's view on what steps should be taken. He has subsequently written to me—a copy of the letter has been given to members.

I draw members' attention to the other responses that we have had on the petition. We have sought submissions from the Lord President, the Law Society of Scotland, the Faculty of Advocates and the Forum of Insurance Lawyers. As members will know, the Fairchild case has been decided, which makes a big difference to the substance of the petition. If members want a copy of the written judgment, they will be able to find it on the House of Lords website.

I have one simple question. Do members agree to write to the petitioner, Frank Maguire, asking him to respond to the material that we have received?

Members indicated agreement.