Subordinate Legislation Committee, 02 Jun 2009

Meeting date: Tuesday, June 2, 2009

Official Report 83KB pdf

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Sexual Offences (Scotland) Bill: After Stage 2

I welcome members to the 19th meeting in 2009 of the Subordinate Legislation Committee. I have received apologies from Jamie Stone, Jackson Carlaw and Helen Eadie. I ask members and anyone else in the room to turn off mobile phones.

Item 1 is consideration of the delegated powers memorandum to the Sexual Offences (Scotland) Bill as amended at stage 2. Stage 3 of the bill will take place on 10 June. We have received the supplementary DPM to the bill. Members will also have a letter from the Cabinet Secretary for Justice, Kenny MacAskill, on amendments that have been proposed to section 45.

The first provision to consider is section 29(5A), which contains the power to specify relevant sexual offences for the purpose of section 29(2). Is the committee content that the power in section 29(5A) to modify the list of relevant sexual offences set out in schedule 1Z is acceptable, given its restriction in scope, and is it content that the power be subject to affirmative procedure?

Members indicated agreement.

Section 32(8) contains the power to amend the definition of what constitutes "a position of trust" in respect of the offence of sexual abuse of trust in section 31. Is the committee content that the power in section 32(8) to amend that definition is acceptable in principle and does the committee agree that it is appropriate that the power be subject to affirmative procedure?

Members indicated agreement.

On section 45, "Ancillary provision", is the committee content that the proposed amendments to ancillary powers set out in the cabinet secretary's letter of 27 May are acceptable?

Members indicated agreement.