Subordinate Legislation Committee, 09 Jan 2001

Meeting date: Tuesday, January 9, 2001

Official Report 161KB pdf

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Sexual Offences (Amendment) Act 2000 (Commencement No 2) (Scotland) Order 2000 (SSI 2000/452)

We had a lengthy discussion on this order in the private session.

I have to say that during the public meeting half my brain has remained preoccupied with that discussion. I have learned that one cannot simply turn up at a Subordinate Legislation Committee meeting and work at it out as one goes along.

It is clear that section 7(2) of the Sexual Offences (Amendment) Act 2000 is the post-devolution element. Are you saying that the way to solve the problem is for Westminster to approve an order to commence section 7(2)—in other words, that unless section 7(2) is commenced at Westminster, we cannot act under section 7(3) of the act?

That is the question that we need to ask.

Our adviser seemed to suggest that the problem would be solved if section 7(2) were commenced at Westminster.

Yes.

We need to ask why that is not happening.

Yes. We should ask whether it is okay for us to approve the order without section 7(2) having been commenced south of the border and, if so, why. As Gordon Jackson suggested earlier, there is some concern about the general issue as well as the specific problem. There will be other such cases and if there is to be a logjam in the proceedings, we should raise the issue so that Westminster and the Executive can find a solution.

We should be asking the Executive to say whether it is satisfied that, notwithstanding section 7(2) not being commenced south of the border, matters are vires in Scotland and to confirm that it does not expect a long-term problem. We might ask what the Executive considers the best way in which to address legislation that post-dates the Scotland Act 1998.

I hope that I have understood the problem. Will we ask officials to come and talk to us or will we request a written answer?

Usually, we write to the Executive and wait to see whether the response is satisfactory. We are entitled to ask for witnesses at any stage. That is a matter for the committee to decide. The time scale is not an issue. If there is a significant problem with the response, at least the officials will know why we have asked them to give evidence.

Meeting closed at 12:28.