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NEWS
28 Oct 2010

"Disgraceful, undemocratic, wrong." GBA President dumps on "civil service law"

The President of the Glasgow Bar Association John McGovern has issued a withering critique of the hastily enacted emergency legislation that followed the Cadder decison, claiming that the new act - which extends the time an accused may be held by police - was rushed through without public debate and was "disgraceful, undemocratic, wrong."

"A Bill published at 9.00 in the morning, debated at 2.00 in the afternoon and passed at 7.00 in the evening. As the debate progressed, I realized there was a lack of opposition; a lack of understanding; a lack of appreciation of the issues," he told The Firm.

"A Bill presented to Parliament with provisions that restricted centuries of common law rights to appeal by Bill of Suspension and undermined the role of the Scottish Criminal Cases Review Commission. Stunning.

"No consultation. Stunning. No public debate. Stunning. Disgraceful. Undemocratic. Wrong.

"There is no emergency, nor has there ever been over Cadder. But it is convenient to bury jealously guarded principles and conventions of Scots Law, which don’t suit, by creating one. When we have a Parliament presented with a Bill of this significance, with a debating vent so narrow, that decent, smart parliamentarians fail to understand what they’re being asked to vote upon, (stage 3 question from Pauline McNeill) then we have civil service law."


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