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Chamber and committees

Justice Committee

Meeting date: Tuesday, November 3, 2020


Contents


Subordinate Legislation


Electronic Monitoring (Approved Devices) (Scotland) Regulations 2020 (SSI 2020/308)


Electronic Monitoring (Relevant Disposals) (Scotland) Regulations 2020 (SSI 2020/309)

The Convener

The next item of business is consideration of two negative Scottish statutory instruments. Do members have any comments on them? In particular, do members wish to take up the question about the vires of the relevant disposals regulations? The Law Society of Scotland gave evidence on that to the committee when we considered the Management of Offenders (Scotland) Act 2019. As I understand it, if the committee wants to, there is time for us to write to the minister in order to obtain assurances as to why the Government’s view is that those regulations fall within vires.

My personal view is that, as there is time for us to do that, we probably should do so, given that the Law Society of Scotland raised those concerns with the committee last year. Do members agree to write to the minister? No one is unhappy with that, so that is what we will do.

That means that—the clerk can correct me if I am wrong—we do not wish to make any comment on the approved devices regulations and that we will return to the relevant disposals regulations after we have heard from the minister. I see that members agree with that.