Official Report 78KB pdf
These regulations caused us some concern in the pre-meeting, in which we discussed the limitations on our remit. Although we are not permitted to consider policy, as a sifting committee we are required to flag up matters that may cause problems. Each of us has been e-mailed by the Law Society about a substantial problem that could arise as a result of these regulations. Do members have any comments?
I have a point to make about the revised definition of the start date of a trial. Dates and time limits are at the heart of the Scottish criminal legal system. It is fair and appropriate that we ask that these regulations be fully considered with that in mind, so that there are no unforeseen knock-on effects; for example, witnesses failing to appear at trials. We should seek specific reassurance on that point.
I agree with David. We would be neglecting our duties if, as the responsible committee of the Parliament, we did not flag up a potential problem. This may be a genuine error, or it may be something that the Executive has considered and is intent on pursuing. The Executive is entitled to do that, but if there has been a genuine error, we would be in dereliction of duty if we did not signal that to the Executive and, at the same time, draw it to the attention of the lead committee. If we do not, there is a danger that the lead committee will simply nod the regulations through. We should try to alert our colleagues elsewhere of problems.