Justice 1 Committee, 12 Nov 2003

Meeting date: Wednesday, November 12, 2003

Official Report 216KB pdf

---

Parental Responsibility

I convene what feels like part 3 of the Justice 1 Committee meeting, in committee room 3. We have three other items to complete this morning, and we come to item 2, which concerns a European regulation on parental responsibility. Committee members have in their papers a note that sets out the background to the regulation and will recall that we asked the Executive for a note on where we have ended up with it, consideration of which has now concluded.

I invite the committee to consider whether we wish to monitor the regulation's implementation. The only thing that struck me was that I am not sure where we stand in relation to the Hague convention, which was one of our concerns. However, no more change can take place because the regulation has been passed, although it might be worth while keeping a monitoring brief on the issue. Does anyone dissent from that?

No.

Michael Matheson has given me notice that he wants to mention a related matter on European scrutiny.

I was informed last week that the European Commission intends to publish early next year a green paper on justice and home affairs issues, which will probably have some domestic relevance to our justice system. There will be a six-month consultation on the green paper. I highlight the matter because it might be an opportunity for the committee to become involved in the process at the point of publication. My understanding is that, if we make a submission on a green paper, there is a possibility that the Commission might later seek further evidence if, in our response, we have highlighted issues on which it thinks that further evidence is needed.

Under item 1, we discussed a green paper that is already under consideration, and, under this item, we have discussed a regulation that has been passed and agreed by member states, but the green paper on justice and home affairs issues might give us an opportunity to get in right at the start of the process. Perhaps the clerks could look into what the green paper is about and the committee could then decide whether it would be worth while getting involved.

Is the committee content at this stage to get a note on the paper to which Michael Matheson refers so that we know exactly what it is and what its contents are? We could make a separate decision once we have seen the note about whether it would be useful to be involved at an earlier stage, which would give us more to do.

That is reasonable. Perhaps we can then proceed in the way that Michael Matheson outlined. If we were able to do that, it would be fruitful for the committee. It seems to be the best first step.

I am sorry that I cannot give more details about what the paper is about. It was explained to me in a technical fashion that went over my head, but I was told that it affected Scots domestic law in some way.

It was some paper somewhere—something to do with justice and home affairs. I am sure that the clerks will cope.

I have the name of the individual who will be dealing with the paper so I can pass that to the clerks if that would be helpful.

I am sure that the clerks will be grateful for that.

We receive a list of such papers, so perhaps we will be able to identify the paper from that.