Subordinate Legislation Committee, 10 Feb 2009

Meeting date: Tuesday, February 10, 2009

Official Report 78KB pdf

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Coroners and Justice Bill

Item 2 is consideration of delegated powers in connection with the Coroners and Justice Bill, which is UK legislation.

On clause 123, "Implementation of E-Commerce and Services directives: penalties", do members agree to bring the amendment to the power exercisable by the Scottish ministers under section 2(2) of the European Communities Act 1972 to the attention of the lead committee, on the ground that it removes the current restrictions on maximum penalties that may be imposed in relation to offences under the exercise of that power?

Members indicated agreement.

Do members agree to draw the attention of the lead committee to our view that, where offences are to be created through the exercise of subordinate powers, the maximum penalties applicable should be clearly specified in primary legislation?

Members indicated agreement.

On clause 152, "Information sharing", which inserts new sections 50A to 50F into the Data Protection Act 1998, do members agree that the provisions with respect to the power to make information sharing orders are acceptable?

Members indicated agreement.