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Custodial Sentences and Weapons (Scotland) Bill: as amended at Stage 2
We are looking at the bill today for the final time—the stage 3 debate on the bill will be on Thursday. Members who, unlike me, were here last week will recall that we asked the Executive to write to us on the points that we raised. The first of those was about section 6B, which confers a power to alter the proportion of sentence forming the custody part, previously section 6(10). At stage 1, the Executive undertook to make the power subject to affirmative procedure. That was not done, but officials confirmed last week that they would lodge an amendment, which they have now done. Are we content with the amendment and the use of affirmative procedure?
On section 6C, which provides for a judge's power to prescribe the form of a judge's report, the Executive confirmed last week that the Lord President had been consulted and that the need for a form to be prescribed by an act of adjournal should be removed. The form of reports will now be left to the discretion of the sentencing court. Are we content with the deletion of the power?
An Executive amendment at stage 3 will insert a new section after section 42 to deal with the cross-border transfer of prisoners. The new power will be subject to affirmative procedure and enables provision to be made for the transfer of prisoners out of and into Scotland. Have members any comments?
No.
Section 43 inserts into the Civic Government (Scotland) Act 1982 new section 27Q, which confers a power to provide exceptions to certain offences under the 1982 act. In light of comments last week on whether the power is correctly drawn and negative procedure is appropriate, the Executive undertook to reconsider the procedure. It has lodged a stage 3 amendment to make the power subject to affirmative procedure. Are we content?
At stage 1, we were content with section 45, "Sale etc of weapons". The Executive's stage 3 amendment proposes certain exceptions. Do members have any comments?
No.
At stage 1, we were content with the power in section 46, "Sale etc of swords". The power will be amended at stage 3 with a view to simplifying the drafting. Have members any comments?
No.
Following comments made last week on section 47, "Ancillary provision", the Executive undertook to look again at the procedure where acts may be modified and it has lodged a stage 3 amendment that will make the power subject to affirmative procedure in those circumstances. I assume that we are content with that.
The committee did very well last week. Let us move on to agenda item 2.
What about the supplementary paper with the additional Executive amendment?
Sorry about that. Thank you for reminding me about it.
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Executive Responses