UK Parliament / Open data

Partnerships (Prosecution) (Scotland) Bill [Lords]

I beg to move, That the Bill be now read the Third time.

The Bill takes forward the proposals of the Scottish Law Commission to address the loophole in Scots law that prevents the prosecution of partnerships that have dissolved. It addresses the limitation of the law in Scotland which meant that attempted prosecutions could not proceed following the serious fire at Rosepark nursing home in Uddingston, Lanarkshire on the night of 31 January 2004, when 14 people tragically lost their lives. Rosepark was run by three individuals who had come together to form a business partnership. Following the fire, the partnership dissolved. The partnership, as employer, was alleged to have committed offences under the Health and Safety at Work Act 1974. The Crown Office made three attempts to prosecute the partnership, but as the High Court had held that the partnership ceased to exist on dissolution, the prosecutions could not proceed.

In November 2012, the Bill was introduced to Parliament by the Advocate-General for Scotland. The Bill is one of only three Scotland-specific Bills introduced in Westminster since devolution. It reminds us that Scotland has two Governments and two Parliaments, both with their own contributions to make in improving the lives of people in Scotland.

The Bill marks a significant milestone. This is the first occasion when the House of Lords special Public Bill procedure for Law Commission Bills has been used in relation to Scottish Law Commission proposals. The special procedure allows non-controversial legislation to sidestep the competition for parliamentary time on the Floor of the House. The Bill demonstrates why that procedure is so valuable.

The Bill progressed through Committee in both Houses, allowing close and robust scrutiny of each of its clauses, with good opportunity for debate. It has received broad consensus from all sides. I thank the hon. Member for Glasgow North East (Mr Bain) and all hon. Members who have participated in the process.

The Government are grateful to the Scottish Law Commission, and in particular to Patrick Layden, who has worked tirelessly alongside the Advocate-General for Scotland and the Scotland Office to produce a Bill that provides a very simple, very sound solution that ensures that partnerships and culpable partners cannot evade prosecution by dissolving.

The support demonstrated by hon. Members is gratefully noted. We are particularly grateful to the hon. Member for Lanark and Hamilton East (Mr Hood), in whose constituency the Rosepark nursing home was situated. We also gratefully note the support of the Scottish Government. We are immensely grateful for the support demonstrated by the Lord Advocate, the Faculty of Advocates and the Law Society of Scotland, which have all broadly welcomed the Bill, in giving evidence to the special Public Bill Committee in the other place.

The provisions of the Bill are to be commenced the day after Royal Assent. The Bill makes valuable and necessary reforms to the law of partnerships in Scotland and I commend it to the House.

6.35 pm

Type
Proceeding contribution
Reference
561 cc693-4 
Session
2012-13
Chamber / Committee
House of Commons chamber
Back to top