Official Report 131KB pdf
I welcome members to the first meeting after the recess. The first item on the agenda is scrutiny of the delegated powers in the Sexual Offences (Procedure and Evidence) (Scotland) Bill. We have a fair bit of time to consider the bill, but various points have been raised about it, so members may want to make some initial comments. I certainly wondered about the transitional powers and the steps that will be taken to specify what the situation will be for continuing trials. We need some clarification on that point. I suspect that those powers would not be brought in halfway through a trial, but some comment is needed on that question.
There are also questions about the list of sexual offences and whether that is the right way in which to proceed. It is fair enough to have a list and to amend it by subordinate legislation, but other people may take a different view.
I am concerned about the use of subordinate legislation for such a sensitive topic, although I agree that that is the most efficient way to amend the list. People may think that we are trying to slip one past them if the list is changed by regulation, rather than after public debate.
We can ask the Executive to explain the circumstances in which it anticipates that subordinate legislation will be used. There are powers in prevention of terrorism legislation, for example, in relation to people who refuse to recognise the court. The Executive could clarify when, where and how likely it anticipates the power being used. We will have time to consider the issue at the next meeting.