Contents
- Attendance
- Decision on Taking Business in Private
- Police and Fire Reform (Scotland) Act 2012 (Post-legislative Scrutiny)
- Pre-budget Scrutiny 2019-20
- Offensive Weapons Bill
- Crime (Overseas Production Orders) Bill
- European Union (Withdrawal) Act 2018
- Justice Sub-Committee on Policing (Report Back)
European Union (Withdrawal) Act 2018
Law Enforcement and Security (Amendment) (EU Exit) Regulations 2018
The clock is ticking, so we will continue. Agenda item 6 is consideration of a proposal by the Scottish Government to consent to the UK Government legislating, using the powers under the European Union (Withdrawal) Act 2018, in relation to a UK statutory instrument—the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2018. I refer members to paper 6, which is a note by the clerk. Do members have any questions?
Thank you, convener. I will be brief. Our paper contains a number of stock phrases, such as:
“Given the UK is the Member State”,
“the UK Government are leading on negotiations”,
“need to be considered on a UK wide basis”,
and
“The Scottish Government shares the UK Government’s aim”.
I have no difficulty with any of that.
However, we then come to the following sentence:
“If any legislation is considered necessary to plug gaps, it will most likely need to be progressed on a UK wide basis.”
There is an undertaking that the Justice Committee would be kept informed of that, but it would be helpful to clarify the term “likely” and what capability or opportunity exists for the Scottish criminal justice system to address the issue on its own. That would cover the situation that we discussed earlier, as child pornography and other pressing matters are very important. Could we clarify the position, please?
Would you be content for us to seek and receive further information, but to go ahead and recommend consent today?
I am very happy with that. It would be helpful to understand the position. Thank you.
Thank you for making that important point.
Is the committee content to recommend that the Scottish Parliament gives its consent to the UK Government passing the regulations?
Members indicated agreement.
The clerks will produce a short report. Is the committee happy to delegate authority to me to publish the report, just as we deal with Scottish statutory instruments?
Members indicated agreement.