Cultural Property (Armed Conflicts) Bill [HL]

Lord Skelmersdale Excerpts

Tuesday 28th June 2016 Lords Chamber

[Lord Hope of Craighead (CB)]

My Lords, I will speak briefly to Amendment 10 which, with great respect, is based on a misunderstanding of the prosecution system in Scotland. Unlike the system in England and Northern Ireland, all prosecutions in Scotland are brought under the authority of the Lord Advocate—every prosecution in every court is under his authority—so it has never been practice in statutes for an amendment of this kind to be inserted, as the word “only” would contradict the idea that every prosecution is brought under that system. Therefore, no statutory authority is needed. I entirely sympathise with the view that it would be interesting to see more mention of Scotland and that the Scottish position has been considered, but the best way of considering the Scottish position is in fact for the amendment not to be pressed, on the understanding that it is not needed in that country.

[Lord Skelmersdale (Con)]

My Lords, before the noble and learned Lord spoke I was about to say that I find this a very odd clause indeed. It could be read that proceedings for an offence can be brought in England and Wales, and in Northern Ireland, but not in Scotland. I am no lawyer, but is the noble and learned Lord entirely correct that we do not need some reference to Scotland within the Bill for proceedings to take place?

[Lord Hope of Craighead]

It is standard practice not to mention this Scottish system of prosecution. It is necessary in England and Wales to distinguish between cases that require the authority of the Attorney-General and those that do not, but it is not necessary to say that for Scotland. That Scotland is not mentioned does not mean that proceedings cannot be brought there; it is simply that they are brought under this well-established procedure, which requires no further statutory authority.