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Chamber and committees

Justice Committee

Meeting date: Tuesday, November 24, 2020


Contents


Subordinate Legislation


International Organisations (Immunities and Privileges) (Scotland) Revocation Order 2021 [Draft]

The Convener

Our next item of business is consideration of the draft International Organisations (Immunities and Privileges) (Scotland) Revocation Order 2021, which is an affirmative instrument.

Does the cabinet secretary wish to make any remarks?

Humza Yousaf

It is important for me to say that the draft International Organisations (Immunities and Privileges) (Scotland) Revocation Order 2021 amends the International Organisations (Immunities and Privileges) (Scotland) Order 2009 to revoke schedule 17 in relation to privileges and immunities that are conferred in respect of the Unified Patent Court. It wholly revokes the International Organisations (Immunities and Privileges) (Scotland) Amendment (No 2) Order 2017, which is the instrument that inserted schedule 17 into the 2009 order. That is being done simply because, given the UK’s withdrawal from the European Union, the UK will no longer seek to participate in the unit trade patent or the Unified Patent Court. It would be highly undesirable for any unnecessary immunities to exist in the statute book.

I will not say any more than that. I am happy to take any questions from committee members.

John Finnie

Long-standing members of the committee will know that I often speak on these matters. I understand the place of immunities and privileges in international law and diplomacy, but I absolutely commend—and I appreciate that this is not necessarily at the hand of the cabinet secretary—the word “revocation”. I hope to see many such orders appearing before the committee in the days to come.

Humza Yousaf

I am not sure that that is a question. I will allow John Finnie to have his moment on the record.

The Convener

Indeed, I am sure that it was not a question, but I thank Mr Finnie for his comment. No other members have indicated that they wish to ask a question about the instrument.

The next item of business is the formal consideration of the motion on the instrument that we have discussed. The Delegated Powers and Law Reform Committee has considered and reported on the instrument, and it has made no comments.

Motion moved,

That the Justice Committee recommends that the International Organisations (Immunities and Privileges) (Scotland) Revocation Order 2021 [draft] be approved.—[Humza Yousaf]

Motion agreed to.

The Convener

I invite the committee to agree to delegate to me the publication of a short factual report on our deliberations on the statutory instrument.

Members indicated agreement.

The Convener

That concludes the committee’s consideration of the instrument. I thank the cabinet secretary and his officials for attending.

Our next meeting will be on Wednesday 25 November at 7 o’clock, when we will meet in private to begin our consideration of a draft stage 1 report on the Hate Crime and Public Order (Scotland) Bill.

12:40 Meeting continued in private until 12:49.