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Chamber and committees

Justice 1 Committee, 30 Nov 2005

Meeting date: Wednesday, November 30, 2005


Contents


Committee Debate in the Chamber

The Convener:

Under agenda item 3, I invite members to consider whether we should seek time in the chamber for a committee debate on our recent scrutiny of the European Commission green papers on applicable law on divorce and succession and wills. Members are looking at me aghast.

My feeling is that it might be of benefit to have 45 or 60 minutes to highlight the issue in the chamber. We spent some time working on the green papers and the issues that we raised in our sessions on them are of interest to the public; a committee debate would allow us to bring them to people's attention. The Commission is making decisions that may affect the people whom we represent.

I ask members for their views.

Stewart Stevenson:

I support the proposal. People are often struck when measures that might have originated eight or 10 years previously mysteriously appear out of Europe. We are in on this issue at a relatively early stage, and it would be good to draw the attention of a wider audience to some of the—I hesitate to use the word, but I shall—loopy ideas that officials are discussing. We should send a high-calibre shell across their bows in the hope that they will not spend an unreasonable amount of time on something that, frankly, is going nowhere and will get no support.

Mrs Mary Mulligan (Linlithgow) (Lab):

Like Stewart Stevenson, I am happy to have the matter debated by the whole Parliament. The queries that I get from constituents show me that it is a matter in which they have an interest. It is also an example of work that overlaps from Europe

How might the timing of the debate fit in with any further deliberations on the green papers in Europe? Do we have any indication of that?

Douglas Wands (Clerk):

Our understanding is that consideration of the succession and wills green paper has been delayed somewhat. However, the Commission's plan on the applicable law on divorce green paper is to proceed to regulations over the next 12 months. That is contained in the Commission's work programme. It might be helpful for the attention of the Parliament to be drawn to that. Next week, there is a public hearing in Brussels that will be the next step towards that. The Parliament's European officer, Ian Duncan, and I will attend that session and will return to the committee with an update on developments. Certainly, ahead of any debate in the chamber, members will have an update on developments at European level.

That is helpful. I was concerned that the situation might have moved on by the time that we debate the issue. However, I am reassured by the clerk's words.

Margaret Mitchell:

It would be worth while to have a debate to raise awareness about what is coming out of Brussels. More than most committees, this committee has been aware of the importance of being in at the beginning of agendas in order to pick up on certain issues. When we have had an opportunity to consider certain measures in depth, we have been able to see that they have had quite far-reaching consequences that we have objected to and rejected. To give such issues a wider airing in the debating chamber would be helpful to prevent the creeping mutual recognition agenda in Europe from turning into harmonisation before we realise what has hit us.

The Convener:

It would appear that the committee is agreed that we should put in a bid for a suitable slot.

I wrote an article for the Scottish Legal Action Group, based on its report. So far, I have had some positive responses, in that those who have written agree with the committee's position.

At our next meeting, on 7 December, we will begin our stage 1 consideration of the Scottish Commissioner for Human Rights Bill by taking evidence from the bill team and MORI Scotland.

I remind members that the deadline for lodging amendments for stage 3 of the Family Law (Scotland) Bill is 9 December.

Meeting closed at 10:37.