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Chamber and committees

European and External Relations Committee, 20 Dec 2005

Meeting date: Tuesday, December 20, 2005


Contents


Pre and Post-council Scrutiny

The Convener:

The next item is our regular scrutiny of Council of the EU meetings. There are no pre-council agendas to consider and we have received two of the five council reports that we were expecting. One of the reports that is marked as outstanding—relating to the general affairs and external relations council—was received too late to be added to the papers for today, so we will consider it at our next meeting.

I want to draw members' attention to a point that John Home Robertson has raised in relation to the regulation establishing a European small-claims procedure.

Mr Home Robertson:

The matter is dealt with on page 13 of the briefing paper, EU/S2/05/19/4. I have been pursuing the issue on behalf of a constituent who wants the threshold for access to small-claims courts in Scotland to be brought into line with the threshold in England. I know that the Executive's intention was to move in that direction and to raise the threshold so that more consumers who have bought fairly inexpensive items that go wrong can access the small-claims procedures.

I will not go into the detail of the matter, but there are problems relating to overlapping concerns affecting a well-known firm of solicitors that is concerned about losing work in relation to personal-injury claims. The long and the short of it is that there has been no movement on the issue for about two years.

The issue was on-going when I started as Minister for Justice, which was five years ago.

Mr Home Robertson:

That is probably correct—you will know the issue well, Jim. I know that ministers are still wrestling with the matter and trying to find a solution. A decision that would allow more Scottish consumers access to small-claims courts is years overdue. I was hoping that the regulation that is mentioned in our briefing, which would establish a European framework, might get the fat out of the fire. Perhaps the clerks could clarify that issue.

The clerks will pursue further information on that issue.

Do we agree the recommendations that are set out in annex A of the briefing paper?

Members indicated agreement.