Official Report 271KB pdf
The purpose of agenda item 5 is for the committee to consider the delegated powers in the Prisoners (Control of Release) (Scotland) Bill at stage 1. The committee is invited to agree the questions that it wishes to raise with the Scottish Government on the delegated powers in the bill. It is suggested that those questions be raised in written correspondence. The committee will have an opportunity to consider the responses at a future meeting before a draft report is considered.
Section 3(2) provides that the Scottish ministers may by order bring sections 1 and 2 of the bill into force on an appointed day. Section 3(3) provides that a commencement order may include transitional, transitory or saving provision. The delegated powers memorandum states that an example of how the power might be used would be to disapply the application of the provisions in section 1 to any offenders sentenced before the day of commencement. Paragraph 37 of the policy memorandum states:
“The reforms will not affect prisoners serving sentences at the time the relevant provisions are brought into force.”
Given that statement, does the committee therefore agree to ask the Scottish Government why it is appropriate that provision to that effect is not made on the face of the bill but is better left to provision by order under section 3(3); and how, alternatively, the power might be exercised?
The exercise of the power in section 3(3) may have substantive effects on certain individuals, because it could further define which prisoners will be affected by section 1 in particular, but also section 2. Does the committee agree to ask the Scottish Government to explain why neither the negative procedure nor the affirmative procedure would be appropriate for the parliamentary scrutiny of this power, or whether it could agree to lodge an amendment at stage 2 to adjust the procedure—and, accordingly, if a higher level of scrutiny ought to apply, whether through the negative or the affirmative procedure, how the Scottish Government would assess which higher level would be appropriate?
Members indicated agreement.
That completes item 5 and I move the meeting into private.
10:35 Meeting continued in private until 11:30.