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Eec Legislation

Volume 885: debated on Friday 7 February 1975

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asked the Lord Advocate for what purposes his Department scrutinises EEC secondary legislation; if he will give details of this scrutiny; and if he will make a statement.

My Department does not undertake a systematic and comprehensive scrutiny of all EEC secondary legislation. My officials take part in the examination of proposals for such legislation where those proposals have legal implications which might affect the law of Scotland. Their purpose in doing so is to ensure that the special doctrines of Scots law and the requirements of the Scottish legal system are fully taken into account in the formulation of the policy of Her Majesty's Government towards such proposals.

asked the Lord Advocate whether, in all discussions with the EEC on law or constitutional matters, he will make it his practice to attend.

I am afraid that I cannot undertake to attend every discussion which takes place with the EEC on law or constitutional matters, although I would certainly wish to be present on occasions of major importance, such as the recent meeting of the Council and Conference of EEC Ministers of Justice. I can, however, assure the hon. Lady that I have made, and will continue to make, every effort to secure that in any such discussions the fullest account is taken of the separate nature of the law of Scotland, and that, where necessary, a person qualified in Scots law takes part as a representative of Her Majesty's Government.