Subordinate Legislation Committee, 07 Oct 2008

Meeting date: Tuesday, October 7, 2008

Official Report 104KB pdf

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Sexual Offences (Scotland) Bill: Stage 1

Members will recall that, at our meeting on 9 September, we asked the Scottish Government to explain its thinking on four matters relating to the powers to make subordinate legislation that are contained in the bill. We have now received the Scottish Government's response. Members will have noted that the summary of recommendations proposes that there might be merit in exploring two matters further with the Scottish Government.

Section 29(5) confers a power to specify relevant offences for the purpose of section 29(2), and section 32(1) confers a power to amend the definition of what constitutes a "position of trust" in respect of the offence of sexual abuse of trust contained in section 31.

If members agree that there is merit in considering further the intended use of those powers, we could invite Scottish Government officials to give evidence at a future committee meeting. Are there any comments?

There are quite a lot of questions to be answered, so the alternatives are to keep corresponding or to have people along to the committee. If it is usual to have people along to the committee from time to time, that would seem to be a good thing to do.

It is desirable to have the Government come along because there are questions to be answered, not least of which is why it does not consider that it is necessary or desirable to specify on the face of the bill the nature of the offences that might constitute a relevant offence. There is a variety of potentially serious questions to be asked along those lines, and the Government must come and respond to our concerns.

If we agree to invite Government ministers to the committee, can we ask about other issues on section 29? For example, there is the point that someone who has been charged with a relevant offence—whatever that is—cannot use the defence that is specified in section 29(1)(a) in a subsequent case. Can we ask about that at the same time?

I am advised that that question would be at the limit of our remit, but if we do not ask, we do not get, so we will ask the question.

I appreciate that that is at the limit of the committee's remit but I would like it to be in rather than out.

Can I take it that the committee agrees that we should ask Government officials to come and speak to us about those points?

Members indicated agreement.

Section 35 confers a power to specify circumstances that are to be regarded as constituting the provision of care services for the purpose of the offence of

"sexual abuse of trust of a mentally disordered person."

Is the Scottish Government's response satisfactory?

Members indicated agreement.

On section 45, "Ancillary provision", is the committee content to welcome the Scottish Government's response and to consider the proposed amendments at stage 2?

Members indicated agreement.