Plenary, 15 Jun 2006
Meeting date: Thursday, June 15, 2006
Official Report
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Senior Judiciary (Vacancies and Incapacity) (Scotland) Bill (Emergency Bill)
The first item of business is consideration of motion S2M-4536, in the name of Cathy Jamieson, that the Senior Judiciary (Vacancies and Incapacity) (Scotland) Bill be treated as an emergency bill.
I wish to move that the Senior Judiciary (Vacancies and Incapacity) (Scotland) Bill be considered under the procedure for emergency legislation. I will briefly outline why I consider that it is important that this short but critical piece of legislation should be handled under those exceptional procedures.
The need arises because Scotland's senior judge, the Lord President of the Court of Session, has been ill for some time and there is no indication of when he will return. Under the present law, a number of important functions may be carried out by the Lord President alone. His extended absence is already causing difficulties for the administration of the courts. The second most senior judge, the Lord Justice Clerk, has asked ministers to take early action to deal with this gap in our law. The only way in which we can remedy the situation is to legislate to put beyond any doubt the fact that the Lord Justice Clerk may act in place of the Lord President during the Lord President's incapacity.
If the Parliament allows the bill to be dealt with under the emergency procedures, I will explain the background in more detail in the debate that will follow. However, for the time being, I think that it is important to put on record the fact that we are proposing a commonsense set of provisions that will deal with the immediate situation before us and will ensure that there is no disruption to the orderly conduct of business in the courts. I should add that the senior judiciary has been consulted about the bill, that it is entirely content with what ministers are proposing and that it agrees with the need for an urgent solution.
I move,
That the Parliament agrees that the Senior Judiciary (Vacancies and Incapacity) (Scotland) Bill be treated as an Emergency Bill.
Motion agreed to.