Delegated Powers and Law Reform Committee
At its meeting on 28 January 2020, the Delegated Powers and Law Reform Committee considered the delegated powers in the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill ("the Bill") at Stage 1.
The Committee submits this report to the lead Committee for the Bill, the Health and Sport Committee, under Rule 9.6.2 of the Standing Orders.
The Scottish Government has provided the Parliament with a memorandum on the delegated powers provisions in the Bill.
This Scottish Government Bill was introduced by the Cabinet Secretary for Health and Sport, Jeane Freeman MSP, on 26 November 2019. The lead committee is the Health and Sport Committee.
According to the Policy Memorandum prepared by the Scottish Government, the main policy objective of the Bill is to improve forensic medical services for people who have been affected by sexual crime.
The Bill provides a statutory duty for Health Boards to provide forensic medical examinations to victims and to ensure that an individual’s healthcare needs are addressed in a holistic way in the context of any such examination. This duty applies in relation to victims referred for examination by police and to those who self-refer. This means that victims can request a forensic medical examination without reporting the incident to the police. The Bill also creates a statutory framework for the retention of samples.
The Committee considered each of the delegated powers in the Bill. The Committee determined that it did not need to draw the attention of the Parliament to the delegated powers in the following provisions:
Section 8(1)(b) - Destruction of samples, information, etc.
Section 10 - Functions
Section 14 - Ancillary provision
Section 15 - Commencement
The Committee therefore reports that it is content with the delegated powers provisions contained in the Bill.