Dalyell Picks at Fine Print of Devolution

Tam Dalyell is one of the few Labour politicians to speak out against home-rule . It was Mr Dalyell who raised the famous "West Lothian Question" on the powers of Scottish MPs after devolution.

Now the Linlithgow member has raised a new potential area of controversy over the "dovetailing" of legal systems following devolution. The new Scottish parliament will have autonomy over all legal issues except those "reserved" by Westminster such as the law on drugs and firearms.

Mixed indictment

Tam Dalyell claims this is likely to lead to problems, particularly when there is a "mixed indictment" in the case of, for example, a murder which is also drugs-related. Such a murder "would be dealt with under Scottish law, but any drug-related aspects would be dealt with under UK law," he said. He suggests that if something goes wrong with one side of the indictment, the whole case could collapse.

While the focus of attention has so far been on the powers and make-up of the proposed Scottish parliament, the details of the accompanying changes to the legal system in Scotland have gone relatively unnoticed. However, already questions have been raised about the potential for the Edinburgh parliament to introduce capital punishment, leaving a disparity between Scotland and the rest of the Union.

The Scottish Devolution Minister, Henry McLeish, has tried to reassure Tam Dalyell that his fears are unfounded. In a letter released to the media, Mr McLeish confirmed that the Lord Advocate will continue to be responsible for the prosecution service in Scotland. There will also be a new post of Scottish Law Officer to the UK Government, providing advice to the Scottish executive on matters of Scots law.