Wherever possible it would be the Queen who performs this function, in keeping with her role outside politics as Head of State. It would only be in very rare circumstances Conveyencers that a Minister would be able to act in her place. Examples may include situations in which, perhaps because of the emergency at hand,the whereabouts of the Queen are uncertain or communication is not possible.
However, the Government made clear in the Consultation Document that the case for including this provision in the final Bill was by no means certain. It is also possible to derogate from the Convention under Article 15 in certain cases. The local response capability already works well, but there are some weaknesses. These amendments will ensure that provision can be made to require cooperation and information sharing between responders in Scotland and responders in the rest of the United Kingdom.
cronyms aren’t always the best means of communicating new concepts. ADR is a prime exampleBut is there a common understanding of what it represent. ADR is a range of methods of resolving disputes that until recently have fallen outside the realm of ‘traditional’ dispute resolution or, more specifically, litigation.
I say ‘until recently’ because the past few years have seen a shift in ADR’s profile toward the mainstream as mediation, arbitration, and other ADR methods become more established within the arena of legal serviceseducating the public and influencing good practice among public bodies and within industries, for instance.
Perhaps another reason ombudsmen have seen themselves outside of ADR is that they are not always alternatives to going to court. Here a change in terminology to the use of ‘appropriate dispute resolution’ would be a huge help. ADR is not aiming to be a second-best, or better than, option to litigation. We cannot simply draw up an actuarial table comparing outcomes, such as financial recompense, in court to those achieved via ombudsman and mediation.