Justice Committee

Meeting date: Tuesday, December 11, 2012

Official Report 520KB pdf

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Subordinate Legislation

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International Recovery of Maintenance (Hague Convention 2007) (Scotland) Regulations 2012 (SSI 2012/301)

The regulations enable the recognition and enforcement of maintenance decisions in non-European Union states that have signed up to the Hague convention. This is to bring into force the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, which was agreed on 23 November 2007 and is set to be concluded by the EU in due course.

Is the committee content to make no recommendation in relation to the instrument?

Members indicated agreement.

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Criminal Legal Aid (Scotland) (Fees) Amendment (No 2) Regulations 2012 (SSI 2012/305)

The regulations correct an error—which we know about—in the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2012 (SSI 2012/276), which were considered by the committee on 20 November, where a reference to “the Road Traffic Act 1998” should instead have been made to the Road Traffic Act 1988.

Is the committee content to make no recommendation in relation to the instrument?

Members indicated agreement.

No wonder we get this European Union stuff wrong.

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Police Grant (Variation) (Scotland) Order 2012 (SSI 2012/316)

The order redetermines the amount of police grant paid to police authorities and joint police boards in 2012-13.

Is the committee content to make no recommendation in relation to the instrument?

Members indicated agreement.

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Court Fees (Miscellaneous Amendments) Scotland Order 2012 (SSI 2012/322)

The order corrects defects in three instruments that we considered on 27 November: the Court of Session etc Fees Amendment Order 2012 (SSI 2012/290); the High Court of Justiciary Fees Amendment Order 2012 (SSI 2012/291); and the Sheriff Court Fees Amendment Order 2012 (SSI 2012/293)—now I know how the Presiding Officer feels.

Members will note that the order breaches section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The order came into force on Sunday 9 December, and section 28(2) states that there must be at least 28 days between a negative instrument being laid and it coming into force. Members will note the Scottish Government’s letter to the Presiding Officer, which states that the reason for the breach was to allow the provisions to come into force before the three instruments that they amend came into force on 10 December.

If you followed that, you are definitely not in need of a holiday.

We will next meet on 8 January, when we will consider some subordinate legislation and our response to the Standards, Procedures and Public Appointments Committee’s inquiry into post-legislative scrutiny. We will also include something about today’s discussion. It would be useful to deal with that while it is fresh. That would be better than leaving too big a gap. We will also write to the witnesses and tell them that, if they want to add anything, they should do so before we produce our internal discussion paper.

On the work programme, can we include the process by which an individual can make allegations against named individuals in the Crown Office? How can that be dealt with? It is a potentially significant matter.

We can put that in the work programme. When we return to the petition, we will deal with that, as well as the matter that you raised about how we deal with the Crown Office and the steps that we want to take.

I do not really want to put that on the agenda for the next meeting, but we will put it on an agenda, if necessary.

The two issues are unrelated in one respect.

Is it all right if we deal with it at a future meeting?

Yes.

Members will see that an update from the Scottish fire and rescue service on progress towards a single service was circulated with their papers for information—it is paper 8. The Scottish Police Authority and the chief constable have confirmed that, after the SPA meeting on 19 December, they should be in a position to provide an update on progress on resolving their issues. They may be sending each other Christmas cards. Who knows? I understand that the SPA meeting will be held in public and that papers will be published a few days before the meeting. I intend, therefore, to include an item on our agenda for the first meeting back—on 8 January—to discuss the updates from the Scottish fire and rescue service, the SPA and the chief constable.

Is that not two weeks later than we were advised?

The meeting on 5 December was an informal meeting, and the meeting on 19 December will involve the public meeting of minds.

And the decision.

And the decision.

I will see you all again, so even though it is written on my brief, I will not wish you a merry Christmas and a happy new year. I will do that next Tuesday when we have an informal meeting in private, for the best of reasons: lunch.

Meeting closed at 12:11.