Justice Committee

Meeting date: Tuesday, December 13, 2016

Official Report 518KB pdf

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Criminal Finances Bill

Agenda item 3 is to agree our approach to the legislative consent memorandum to the Criminal Finances Bill and, in particular, our call for evidence on the LCM. I refer members to the clerk’s paper, which proposes that in the first instance we hear from the cabinet secretary before reporting to Parliament. I also specifically refer members to paragraphs 26 and 27 of the paper, which highlights the call for evidence set out in annex B.

Do we agree to have a call for evidence and to hear from the cabinet secretary?

I hope that this is not thought to be a big point, but I note that page 12 of the paper refers to unexplained wealth orders that can be made overseas. Does that hint at reciprocal arrangements and our doing the same here?

I raise the issue wearing a selfish hat, given that all members of the committee are what the paper refers to as “Politically Exposed Persons”. I wonder whether that might be a factor in the draft call for evidence. I am not pushing for it—I am only posing the question.

We can make inquiries and the issue can be raised in the evidence-taking session.

I am happy to delegate to the committee convener any action that might arise.

Your point is noted. We will look into the matter further.

I note that paragraph 24 on page 9 of the paper refers to the consultation undertaken by Scottish Government officials. That consultation seems to have happened entirely with groups that are very unlikely not to back additional powers. Yes, we should have a call for evidence and yes, we should hear from the cabinet secretary, but I wonder whether we can also seek the views of the Scottish Human Rights Commission, because I think that there could be significant issues of collateral damage, particularly with regard to residential properties.

I will hand you over to Peter McGrath instead of acting as proxy.

Your point is noted. We have a standard list of consultees that covers a full range of people involved in the justice sphere, including third sector organisations and the likes of the Scottish Human Rights Commission. We will also think about bodies that might have an interest in this but which are not on our list.

Many thanks.

With that assurance, are we happy to issue a call for evidence and to invite the cabinet secretary to the committee?

Members indicated agreement.