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Clause 48—(Appeals From Decisions Of The Comptroller In Scottish Cases)

Volume 467: debated on Friday 22 July 1949

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11.21 a.m.

I beg to move, in page 32, line 43, at the end, to insert:

"(9) Rules made under this section shall provide for the appointment of scientific advisers to assist the Scottish Appeal Tribunal upon appeals under this Act and for regulating the functions of such advisers; and the remuneration of a scientific adviser appointed in accordance with such rules shall be defrayed out of moneys provided by Parliament."
This is a consequential provision on Clause 48, which was put into the Bill during the Committee stage and which gives certain rights of appeal to the Scottish Appeal Tribunal. This new subsection makes a similar provision with regard to Scottish appeals as Section 33 (1) makes with regard to similar proceedings in England, the provision being that scientific advisers may be appointed to assist in the hearing of the appeal. The original provision in Section 33 (1) was in pursuance of a recommendation made by the Swan Committee.

We are glad that this Scottish procedure has been brought into line with English procedure, and we welcome the Amendment.

While sharing my right hon. and learned Friend's gratitude on this point, I think it would have been more gratifying if we had had a Scottish Law Officer here today to amplify the statement made by the Solicitor-General.

In reply to the hon. Member for South Edinburgh (Sir W. Darling), may I point out that all the Scottish Ministers are engaged today on very important business in Scotland, where he and others who share his views are always urging that they should be? I am sure Scottish Members will agree that this matter can be efficiently dealt with by the Ministers now on the Front Bench.

I should like to add that my right hon. and learned Friend the Lord Advocate was present during the Committee stage when the principle of this Clause was discussed.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.

Bill reported, with Amendments; as amended (in the Standing Committee and on re-committal), considered.