Cultural Property (Armed Conflicts) Bill [HL]
Debate between Lord Stevenson of Balmacara and Lord Hope of Craighead
Lord Stevenson of Balmacara
I am looking sideways because Hansard will not be able to record this unless I explain what has happened between me and my noble kinsman, the noble and learned Lord, Lord Hope. When this point first arose in Committee, I rather stupidly intervened ahead of the noble and learned Lord and he rose magisterially, if that is not too otiose a phrase, to explain that, even though I hail from Scotland and carry a Scottish town in my title, I was hopelessly under-read about how the law operates in Scotland and I should know better than to try to amend a Bill that he was able to assure us was in good order at that time.
Or was it? I did not know very much about it—and did not intend to say that I did—but, in the tradition of these Bills, I tabled a probing amendment. We rarely have an opportunity to see probing amendments come home to roost with such extraordinary felicity—I am still nervous that the noble and learned Lord will jump up and shout at me—but I relish that this has now happened. I also welcome the fact that we are having a good afternoon with two concessions already, so I shall not say any more.
Lord Hope of Craighead (CB)
Perhaps I may follow those kind remarks by saying that I entirely approve of this amendment. The phrase originally used in that part of the clause was rather too terse. These additional words certainly have resonance in Scotland and it is wise to include them.
Cultural Property (Armed Conflicts) Bill [HL]
Debate between Lord Stevenson of Balmacara and Lord Hope of Craighead
Lord Stevenson of Balmacara
My Lords, we are back in Scotland. In several parts of the Bill we find very detailed requirements placed on the authorities in England and Wales and sometimes in Northern Ireland, but Scotland appears to have eluded us. I wondered therefore if it would be helpful to put down an amendment that asked for a bit more clarity about why this is the case. I fully expect there to be a perfectly reasonable explanation, but it would be good to have it on the record.
There is a wider question regarding Clause 7, which is why in this group we also have Clause 7 stand part: why is it considered necessary in the Bill to require the Attorney-General, whether this applies just to England and Wales and Northern Ireland or also includes Scotland, to give consent to proceedings? Either these offences are grievous enough to attract substantial tariffs of up to 30 years or they are not and need leave to proceed, which is a slightly uncomfortable situation. In either case, it would be appropriate if the Minister responded. I beg to move.
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.