Subordinate Legislation Committee, 11 Sep 2001

Meeting date: Tuesday, September 11, 2001

Official Report 118KB pdf

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Sexual Offences (Procedure and Evidence) (Scotland) Bill

The next item on the agenda is scrutiny of delegated powers. We have received the Executive's response to points that we raised about the Sexual Offences (Procedure and Evidence) (Scotland) Bill. In policy terms, the bill is sensitive and important. Although it is not within the committee's remit to comment on that matter, we must carefully consider the sections of the bill that concern us.

First, we pointed out that, if passed, the bill will confer on ministers the power to make affirmative statutory instruments to alter the list of sexual offences in new section 288C(2) of the Criminal Procedure (Scotland) Act 1995. As we cleared up a specific question concerning classification before we opened the meeting, I do not think that there is any need to draw the Executive's attention to anything else in this proposed section of the bill. Instead, we will refer the bill to the lead committee, with the proviso that I mentioned at the start.

Although we are satisfied with the use of affirmative instruments in relation to this bill, the lead committee should be extremely careful about how they are implemented. The last thing we want to do is to subject the legislation to the sort of pressure that can come from campaigns that are run after particularly interesting cases. Although it is not within the committee's remit to deal with that matter, we will draw it to the attention of the lead committee.

Do we have anything else on that matter? Does Gordon Jackson want to comment?

No. I did not say anything.

Do members want to add any points?

The Executive's explanation was broadly acceptable.

We had, as usual, quibbles about some of the syntax in the bill, but we have not gone into that matter in detail.