Kenny MacAskil blames the Lord President, Lord Hamilton for delays over access to justice

Questions from David Whitton MSP to Scottish Government Justice Secretary Kenny MacAskill on why Mr MacAskill and the Lord President Lord Hamilton are refusing to allow anyone to successfully apply for rights of representation under Sections 25-29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

One of Mr Whitton's constituents, a Mr William Alexander, Chairman of the Association of Patent Attorneys in Scotland, has applied several times to Mr MacAskill and the Lord President Lord Hamilton, only to have his application rejected at each turn, because the legal establishment wish to keep the Scottish Legal Services market monopolised by the Law Society of Scotland and its member solicitors.

http://www.scottish.parliament.uk/business/officialReports/meetingsParliament...

Association of Commercial Attorneys

2. David Whitton (Strathkelvin and Bearsden) (Lab): To ask the Scottish Executive what progress has been made in processing the application from the Association of Commercial Attorneys for third-party right of audience in Scotland's courts under the provisions of sections 25 to 29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. (S3O-4076)

The Cabinet Secretary for Justice (Kenny MacAskill): I acknowledge the attention that David Whitton has given to this issue on behalf of those who are involved, including his constituent. He has submitted previous questions and has engaged in correspondence on the matter.

Mr Whitton will know from the inquiries he has already made that the association recently clarified its status by incorporating itself as a limited company and submitted a revised draft scheme in late June. I have now completed my consideration of the association's application and, as the process requires, I have passed my views to the Lord President. I will ensure that Mr Whitton continues to be kept informed as to progress and the outcome.

David Whitton: As the cabinet secretary said, there has been correspondence between us on the matter. When he wrote to me in June, he commented that the provisions had been in place for a year. It is now over a year since the association made its application. However, there seems to have been a flurry of activity since I lodged my question last week.

Mr MacAskill said to me previously that he would judge the application on its merits, despite his prejudiced published opinion. I now ask him when the decision will be made on the vital matter of third-party representation in Scotland's courts. Can he get in touch with the Lord President's office to persuade it to get a move on as well?

Kenny MacAskill: I cannot give a definite date, as it will depend on hearing back from the Lord President's office. I advise Mr Whitton—as I did in my initial answer—that we have submitted our position to the Lord President, who will have to consider matters. I am sure that he will do so expeditiously. I am advised that he is currently on holiday—doubtless taking a well-earned rest—but I am sure that he will deal with the matter promptly on his return.

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