News In Focus
18 December 2006
FOI appeal hearing this week on rights of audience
The Scottish Executive's appeal against the order to release documents relating to the decision to defer commencement of the provisions extending rights of audience in the supreme courts is to be heard in the Court of Session this week.
The Executive is challenging a decision by Information Commissioner Kevin Dunion that papers, including correspondence between ministers, concerning sections 25-29 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 should be released under the Freedom of Information (Scotland) Act 2002.
Campaigners have sought for over a decade to have the provisions, which would allow members of approved professional bodies other than solicitors and advocates to appear and argue cases before the courts, brought into force. Last year Bill Alexander, a consumer rights champion, successfully apppealed to the Commissioner against the Executive's refusal to release docments that would shed light on the delay.
The Executive is proceeding with its appeal despite the fact that the Legal Profession and Legal Aid (Scotland) Bill just passed by the Scottish Parliament includes provisions to implement sections 25-29. It has instructed Richard Keen QC to argue its case; Paul Cullen QC will appear for the Commissioner.
In its first decision on the Act earlier this month, the court upheld the Commissioner's decision to order release of statistics on child leukaemia cases in individual census wards in Dumfries and Galloway, provided these were presented in such a form as to prevent individuals being identified.