Sexual Offences Act 2003 (Remedial) (Scotland) Order 2010 (SSI 2010/370)
Does the committee agree that the Scottish Government has provided a satisfactory response on the matter that has been raised concerning the interaction between paragraphs (a) and (f) of new section 88C(4) of the Sexual Offences Act 2003, and is the committee content with the instrument?
The issue, once again, is that the fact that we were signed up under the Scotland Act 1998 to the European convention on human rights is causing problems with Scots law. The amount of money and hassle that that has caused, to the detriment of the Scottish legal system, is really quite disturbing. I have no objection to what is proposed in the order, as it is simply plugging a gap, but the gap should not have been there to be plugged.
I thank Bill Aitken for putting that on the record. It is for this committee to ensure that the structure under which it operates is appropriate, not to decide on the policy with regard to whether we should have signed up to the ECHR.
I am sure that the lead committee will have some sport in that respect.
I suspect that you are on that particular committee, Mr Aitken.