Constitutional Reform and Governance Bill
Eleanor Laing welcomes provisions that correct an anomaly concerning time limits that arose from the House of Lords judgment in the Somerville case.
Mrs. Eleanor Laing (Epping Forest) (Con): We also welcome these provisions. I welcome the provisions already in the Bill, and I was pleased to see that, albeit belatedly, the Government had tabled the new clause. I do not blame the Minister for the delay; I appreciate what he said about the complexity of the issue, and I agree that it is not surprising that it has taken some time to present measures to deal with it.
I must tell the hon. Member for Perth and North Perthshire (Pete Wishart) once again—I am making a habit of this, and I shall have to be careful about it—that he was absolutely right in all that he said. The potential cost to the taxpayer—and the actual cost so far—of the mistake that was made in allowing an anomaly to arise have been considerable, but let us hope that that flow of taxpayers’ money will now be stemmed.
I am still concerned about one thing, however. I do not know whether the Minister will be able to answer my question, and the hon. Member for Perth and North Perthshire may wish to intervene It appears that there is now a different time limit for the bringing of an action where there is potential delictual liability—or, indeed, an action in a personal injury case—to that for bringing an action under human rights legislation.
The following situation could therefore arise under the terms of the Bill. Somebody who has been injured would have a right to bring a case under human rights legislation on which there would be a time limit of one year, but they would also have a right to bring a normal personal injury case or a case under the normal Scots law of delict—which is when someone has had an injury caused to them by someone else—and that would have a normal time limit of three years, or in some cases six or seven years. A person could therefore bring an action under the normal law of delict but by the time they discovered they were not going to succeed in that action it would be too late to bring an action under human rights legislation. The opposite situation could also arise: they might bring forward a human rights case and then discover that they had run out of time under the normal law of delict or personal injury law. I am taking a long time to explain this in order for the Minister to have a chance to consider the matter.
Mr. Wills: I just want to see if I can set the hon. Lady’s mind at rest on this. This measure affects all convention-based claims, not other claims; the Scottish law of delict, for example, is a matter for Scots law. This relates to convention-based claims, which is why this House is dealing with it; it is a matter of UK law and our compatibility with the convention.
Mrs. Laing: I thank the Minister for that answer, which is perfectly in order, and I appreciate that that is as far as he can go in discussing this Bill and his responsibilities. I am merely putting down a marker that there could be a further anomaly here which somebody somewhere within the Scottish or UK Governments might wish to look at before an injustice occurs as a result of it—let me put it no more strongly than that. I am glad that the Minister has taken the point on board, and I am sure his colleagues will look into it. As the Minister has said, this matter is complex and addressing it has taken quite some time, and I do not blame him for that. Not for the first time, however, these mistakes and injustices have arisen because of the way in which devolution has been implemented and as a result of matters not having been properly thought through in advance.
Mr. Wills: I do not wish to interrupt the hon. Lady in the middle of her flow, but she is straying into very dangerous territory and I want to help her protect herself from herself. May I remind her that this came about as a result of a judgment in the House of Lords? Courts sometimes interpret laws in ways that parliamentarians wish they had not, but that is a crucial part of the separation of powers in this country. It is a crucial protection for the people of this country that sometimes courts take decisions that are awkward or difficult for Governments and politicians of all classes, and when they do so, we have to respond, which is precisely what we are doing. This is not a result of a flaw in the legislation; it is a result of an interpretation of the courts. This happens, and it will go on happening regardless of what the hon. Lady may think.
Mrs. Laing: I am grateful for the Minister’s protection, and I fully appreciate, and agree with, what he says about decisions taken by the courts as, of course, I also support the doctrine of the separation of powers. Let me explain what is of concern to me, however. I acknowledge that the Minister had nothing to do with the discussions a decade ago on the legislation that became the Scotland Act 1998 and other devolution measures, but those of us who were sitting on the Conservative Benches warned time and again that these anomalies would arise. In this case, it has cost the taxpayer several million pounds. Let us hope that further anomalies do not arise as a result of devolution not having been properly thought through in these areas. We warned about this a decade ago, and I am still warning now.
Pete Wishart: The hon. Lady was articulating a powerful point before she was interrupted in full flow by the Minister. She is entirely correct that this is all to do with an anomaly. The Somerville case was successful because it identified that anomaly and was able to progress and make a case on the basis of flawed work in respect of the Scotland Act. Like me, the hon. Lady spends many hours in Delegated Legislation Committees trying to clear up some of the mess caused by that Act, so it is disingenuous to try to suggest that it was a perfect document.
Mrs. Laing: I thank the hon. Gentleman for agreeing with my point. Like me, he spends many hours in Delegated Legislation Committees correcting the anomalies of the devolution legislation, and I and many of my colleagues—and many of his colleagues, and also many of the Minister’s colleagues—spent weeks and months in this Chamber raising these matters when we dealt with the Scotland Act. I am merely saying that we were right then and the Government were too complacent.
Mr. Wills: I shall be brief, as I do not want to protract proceedings unduly. I am sure the whole House has noted that a curious alliance and amity is developing between the two parties that opposed devolution, and that did so for completely different reasons, in reliving those old arguments. Most of the people of the United Kingdom, including most of the people in Scotland, think devolution has been a great success. It is just worth the hon. Lady and the hon. Member for Perth and North Perthshire reflecting on the fact that the House of Lords decided on Somerville by the narrowest of majorities—by three to two. Therefore, the suggestion that this was somehow inherent in the legislation is manifestly nonsense.
Mrs. Laing: The Minister shows great faith in his Government, but neither the hon. Member for Perth and North Perthshire nor I share it. The Minister is right that there is an alliance of sorts; it is an alliance of those who care about the Scottish legal system and the protection of Scots law and its principles. I have not said anything different from what I said when we discussed these matters and the Scotland Act was passed a decade ago; I have not changed my position at all. I have always argued that the United Kingdom can work perfectly well and properly with different legal systems, as it has done for centuries.
I declare an interest: I am a Scots lawyer by profession. Because of that and the fact that I am also conversant in the practice of English law, I have always argued that it is perfectly possible to have a United Kingdom that functions properly for all its citizens throughout our entire country under different legal systems—indeed, as the Minister has said, under a devolved system, which we now have and which we all want to work properly. In order for it to work properly, however, it is incumbent on the Government to consider the pitfalls that might lie ahead and to consider possible anomalies that might arise, and to protect the legal system, the people, the principles of justice and, indeed, the taxpayer from the consequences of those anomalies.
I appreciate that the Minister has today brought forward the right legislation to do that. I still agree with the hon. Member for Perth and North Perthshire that it is unfortunate that it has taken so long, but at least we have it today and we welcome it.
