Alternative Dispute Resolution

Speech delivered on Thu 1st Nov 2007

I welcome the motion. George Foulkes started by asking what was left to say, although he referred to a great result in Glasgow last night, which all Hearts supporters will be celebrating today, and he informs me that the First Minister will be making the draw later today. As one of the chosen people-Hearts supporters-I urge the First Minister to ensure that we avoid Rangers in the next round.

As we have always indicated, the Lib Dems are happy to support the Executive when it delivers a positive proposal for the betterment of Scotland's governance. A legal route of discussion and mediation is an empowering resource for Scotland's public, with the potential to prevent and repair the damage that can so easily be caused by disputes. However, as Nigel Don said, mediation is only for the willing. The challenge is to persuade more to be willing to take the route of arbitration. ADR has both the proper respect for the rights of the individual that must be inherent in any valid legal system and the flexibility to offer potential solutions outwith the comparably costly and time-consuming court set-up. I am sure that in time it will prove an invaluable addition to our justice system, as well as a useful resource for communities.

I was interested in Gavin Brown's reference to adjudication in the construction industry, where the process normally takes only 28 days, and sometimes an extra 14 days. If only other forms of ADR were resolved in such a short timescale. That is a real challenge for the Government.

ADR is a step forward, but it must be stressed that it is not an end in itself. As my colleague Margaret Smith has described, it will take more than warm words to tackle the problems faced by Scotland's justice system. Despite today's motion, I question whether the Parliament has yet succeeded in addressing the issue at hand: the exclusion of the local community from the justice system in Scotland, which puts undue pressure on our courts and prisons.

Pauline McNeill put her finger on one of the main problems-the cost of civil law. Margaret Smith and others referred to that as well. Margaret Smith said that only three law firms in Edinburgh do civil legal aid work. People do not have much choice, do they? Pauline McNeill referred to the evidence that we received for the Family Law Col 2955 (Scotland) Bill on the cost to fathers who are trying to access their children-it was more than £50,000. Bill Aitken asked how we can enforce judgments by arbitration. Of course, if one party decides to rebel, other parties have little recourse but to end up in court.

At the beginning of his administration, Mr MacAskill told us that the Scottish National Party would continue the previous Executive's good work in being tough on crime and tough on the causes of crime-a succinct little soundbite, although perhaps lacking its original impact second time round. How it was put notwithstanding, Mr MacAskill's party promised an expansion of community sentencing to free up funding for rehabilitation. Like other members, I look forward to seeing the report on community sentencing some time in the summer of next year.

That is further acknowledgement of what we in the Liberal Democrats have always maintained: short-term prison sentences are not working and there is a desperate need for tougher community sentencing and the enactment of positive, community-centred justice policy. The facts speak for themselves-60 per cent of Scotland's criminals reoffend, yet just £1 invested in proper rehabilitation can save up to £3 in enforcement. Furthermore, mediation works, achieving full agreement in 84 per cent of cases. I endorse what the cabinet secretary said. It is much better to come to an agreement as a resolution out of court. As Margaret Smith and others said, it frees up court time to concentrate on the priorities for the court system.

If proven successful, the expansion of ADR should serve as a demonstration to the Parliament of what can be done through the implementation of positive policy. We will not reduce Scotland's court backlog by demonising young people with an endless supply of ASBOs or through summary short-term sentencing. What is required instead is a concerted effort to bring the justice system back in touch with the community, along with a wider capacity for mediation. We can all learn from the experiences of others. Christine Grahame talked about her visit to Baltimore, and the mediation schemes that were being put in place there. I very much look forward to the cabinet secretary's report on his return from his trip to Baltimore with Christine Grahame.

Christine Grahame: I am lodging a motion-sign it.

Mike Pringle: I thought that the member might do that-I will support her in that.

The tools required for progress are at our disposal. They include the introduction of youth justice panels, whereby volunteers can talk to young offenders and agree a tailor-made contract

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to resolve their behaviour; the continued expansion of other mediation initiatives, such as acceptable behaviour contracts, which have been going from strength to strength in recent years; and further extensive investment in the rehabilitation of prisoners, to help them to learn skills for work and to break the cycle of reoffending.

That is not to imply that all we have to do is to enact a series of quick fixes. There is a lot of work still to be done, and I look forward to the conclusions of the report on community sentencing that I mentioned earlier. However, we have been down the road of strict enforcement and zero tolerance before. It was never successful before 1999, and this devolved Government should not repeat old mistakes. In other parts of the UK, more positive policies are beginning to bear fruit. I have noted previously in the chamber the example of Lib Dem-controlled Islington. Former Home Secretary Charles Clarke has described acceptable behaviour contracts there as being a far better option than ASBOs.

The expansion of ADR can be seen as a step forward, albeit just the first step. If the Parliament is to reduce crime levels effectively and end the current cycle of reoffending that is the primary source of pressure on our courts, it must take this opportunity genuinely to involve all our local communities and other agencies in both policing and the justice system. I heartily support the principles of the motion, but it is only through the application of further positive policy that Scotland's justice system will move forward.

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