Scottish Parliament could wipe out
udal law in islands admits Wallace
(From The Orcadian dated October 4, 2001)

Orkney MSP and Scottish Justice Minister, Mr Jim Wallace has indicated that legislation proposed by the Scottish Parliament would take precedence over udal law which currently pertains in Orkney and Shetland, and has done since Norse rule.

However, Mr Wallace says that there is no specific reference to udal law in the Scotland Act which established the new Parliament in Edinburgh.

The information came in a written answer to a parliamentary question from Highlands and Islands Conservative MSP, Mrs Mary Scanlon.

She has this week sought further clarification from the Justice Minister about the implications of his answer.

Last month, she asked: “What legal advice has the Executive received on whether udal law takes precedence over Scottish Parliament legislation in Orkney and Shetland.”

In his reply, Mr Wallace stated: “The question is ultimately a matter for the courts to determine. Although there is no specific reference to udal law in the Scotland Act 1998, we understand that, insofar as extant udal law in Orkney and Shetland relates to devolved matters, by virtue of that Act legislation introduced by the Scottish Parliament would take precedence over udal law.”

Mrs Scanlon has now asked a supplementary question on this issue inquiring that if Scottish Parliament legislation takes precedence over udal law, is it possible for adjacent pieces of land to be subject to different laws?

She has also asked Mr Wallace to explain the specific areas of udal law which are distinct from Scots Law in terms of land tenure, and if those rights will be recognised and preserved by the forthcoming Land Reform Bill.

Mary Scanlon explained the purpose of her line of questioning.

She said: “I do not think that there is sufficient clarity as to the current position of udal law within the Scottish legal system. It is crucial to establish what aspects of the traditional udal system remain authoritative in order to ensure that inhabitants of Orkney and Shetland are fully aware of their legal position.

“As there appears to be no definitive legal framework, only by having established the situation can we then ensure that forthcoming legislation does not interfere with the rights of the islanders, nor acts to their detriment with regard to their legal position. By asking these questions I hope to establish a framework of reference so that islanders can know their rights under udal law.”