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Chamber and committees

Equalities, Human Rights and Civil Justice Committee

The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 [draft]

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Introduction

  1. At its meeting on 30 November 2021, the Equalities, Human Rights and Civil Justice Committee considered the following instrument:

    • The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 [draft]

  1. The instrument is subject to the affirmative procedure (Rule 10.6).

The Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 [draft]

  1. The draft SSI was laid before the Scottish Parliament on 7 October 2021 and referred to the Equalities, Human Rights and Civil Justice Committee.

  1. The lndependent Reviewer (IR) was established under the Age of Criminal Responsibility (Scotland) Act 2019 (“the Act”). The IR’s functions include reviewing information which relates to behaviour which took place when a person was under the age of 12 and determining whether or not that information ought to be included on an enhanced disclosure certificate or a Protection of Vulnerable Groups scheme record.

  1. The policy intention is that information relating to behaviour that occurred when an individual was under the age of 12 may be disclosed but only following approval by the IR. The purpose of these Regulations is to modify the functions of the IR so that they can effectively carry out their duties in respect of information which is received from other jurisdictions of the UK.

Delegated Powers and Law Reform Committee consideration

  1. The Delegated Powers and Law Reform Committee (DPLR) considered the instrument at its meeting on 26 October 2021. The DPLR Committee agreed that it did not need to draw the Parliament’s attention to the instrument on any grounds within its remit.

Equalities, Human Rights and Civil Justice Committee consideration

  1. It is for the Equalities, Human Rights and Civil Justice Committee to recommend to the Parliament whether the Regulations should be approved.

  1. The Minister for Children and Young People ("the Minister"), Clare Haughey MSP, has, by motion S6M-01632 proposed that the Committee recommends the approval of the Regulations.

  1. The Committee took evidence from the Minister at its meeting on 30 November 2021.

  1. Following the evidence session, the Minister moved motion S6M-01632—That the Equalities, Human Rights and Civil Justice Committee recommends that the Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 [draft] be approved.

  1. The motion was agreed to without division or dissent.

  1. The Equalities, Human Rights and Civil Justice Committee recommends to the Scottish Parliament that the Independent Reviewer (Modification of Functions) (Scotland) Regulations 2021 [draft] be approved.