Partnerships (Prosecution) (Scotland) Bill [Lords]

David Mundell Excerpts

Monday 22nd April 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for Scotland (David Mundell)]

I beg to move, That the Bill be now read the Third time.

The Bill takes forward the proposals of the Scottish Law Commission to address the loophole in Scots law that prevents the prosecution of partnerships that have dissolved. It addresses the limitation of the law in Scotland which meant that attempted prosecutions could not proceed following the serious fire at Rosepark nursing home in Uddingston, Lanarkshire on the night of 31 January 2004, when 14 people tragically lost their lives. Rosepark was run by three individuals who had come together to form a business partnership. Following the fire, the partnership dissolved. The partnership, as employer, was alleged to have committed offences under the Health and Safety at Work Act 1974. The Crown Office made three attempts to prosecute the partnership, but as the High Court had held that the partnership ceased to exist on dissolution, the prosecutions could not proceed.

In November 2012, the Bill was introduced to Parliament by the Advocate-General for Scotland. The Bill is one of only three Scotland-specific Bills introduced in Westminster since devolution. It reminds us that Scotland has two Governments and two Parliaments, both with their own contributions to make in improving the lives of people in Scotland.

The Bill marks a significant milestone. This is the first occasion when the House of Lords special Public Bill procedure for Law Commission Bills has been used in relation to Scottish Law Commission proposals. The special procedure allows non-controversial legislation to sidestep the competition for parliamentary time on the Floor of the House. The Bill demonstrates why that procedure is so valuable.

The Bill progressed through Committee in both Houses, allowing close and robust scrutiny of each of its clauses, with good opportunity for debate. It has received broad consensus from all sides. I thank the hon. Member for Glasgow North East (Mr Bain) and all hon. Members who have participated in the process.

The Government are grateful to the Scottish Law Commission, and in particular to Patrick Layden, who has worked tirelessly alongside the Advocate-General for Scotland and the Scotland Office to produce a Bill that provides a very simple, very sound solution that ensures that partnerships and culpable partners cannot evade prosecution by dissolving.

The support demonstrated by hon. Members is gratefully noted. We are particularly grateful to the hon. Member for Lanark and Hamilton East (Mr Hood), in whose constituency the Rosepark nursing home was situated. We also gratefully note the support of the Scottish Government. We are immensely grateful for the support demonstrated by the Lord Advocate, the Faculty of Advocates and the Law Society of Scotland, which have all broadly welcomed the Bill, in giving evidence to the special Public Bill Committee in the other place.

The provisions of the Bill are to be commenced the day after Royal Assent. The Bill makes valuable and necessary reforms to the law of partnerships in Scotland and I commend it to the House.

--- Later in debate ---

[Mr Mike Weir (Angus) (SNP)]

I would also like to add my support to the Bill. You may be witnessing an almost unique occasion, Mr Deputy Speaker: all parties in this House and the Scottish Government and Parliament support the Bill and are anxious for it proceed. As has been said, the genesis of the Bill was the Rosepark fire—a great tragedy in which many people unnecessarily lost their lives—and the inability, because of this quirk in Scottish partnership law, to prosecute. It is important that that is put right.

We had a good debate in Committee. The speech from the hon. Member for Glasgow North East (Mr Bain) probably went on as long as the Committee stage, but the Bill was considered in Committee in detail. As he said, the Law Society of Scotland still has a concern—I should perhaps declare a tangential interest as I used to be a member—regarding its impact on partnerships. We went into this in some detail, and I think none of us could come up with a way of dealing with this particular issue. However, it is important to make the change, irrespective of slight concerns. I hope the Bill proceeds. As the hon. Gentleman rightly said, there is nothing we can now do for the people who so tragically lost their lives at Rosepark, but we can ensure that it does not happen again. We have come together to do that.

The Minister and the hon. Member for Glasgow North East were slightly naughty to present the Bill as an argument for the Union, as it could have been introduced in any place that had the power to do so, whether in Edinburgh or London. The hon. Member for Glasgow North East said that this was the third Scotland-only Bill on a reserved matter to be debated in this House since devolution. It will undoubtedly be the last—the next will be in an independent Scottish Parliament.

[David Mundell]

With the leave of the House, I will seek to conclude this debate on the basis of agreement. I am sure that this will not be the last Bill affecting only Scotland brought before the House, but we will leave those debates for another day.

I concur with the hon. Members for Glasgow North East (Mr Bain) and for Angus (Mr Weir) that the Bill will, I hope, go some way to set right the wrongs of the Rosepark fire and bring some comfort to the families of the victims on that terrible evening.

I would like to thank members of staff in the Scotland Office and the Office of the Advocate General who worked hard to bring the Bill before the House. I am pleased that we can now move forward with it in a spirit of consensus in order to deal with an identified anomaly in the existing laws of Scotland. I commend the Bill to the House.

Question put and agreed to.

Bill accordingly read the Third time and passed.