Act of Sederunt (Fees of Sheriff Officers) 2016 (SSI 2016/100)
Agenda item 3 is subordinate legislation. We have three negative instruments. The first instrument substitutes a new table of fees for the table in schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No 2) 2002. The new fee levels are 1.3 per cent higher than the existing fees. The Delegated Powers and Law Reform Committee agreed to draw the instrument to the attention of Parliament because the preamble to the instrument is incorrect. The Lord President’s private office has indicated that it has requested a correction slip from the statutory instrument registrar—I did not even know that we had such a person, but there you are—to correct the errors. If members have no comments, are members content to make no recommendation in relation to the instrument?
Members indicated agreement.
Act of Sederunt (Fees of Messengers-at-Arms) 2016 (SSI 2016/101)
The second instrument substitutes a new table of fees for the table of fees in schedule 1 to the Act of Sederunt (Fees and Messengers-at-Arms) (No 2) 2002. As with the change agreed for sheriff officers, the new level of fees represents an increase of 1.3 per cent on the existing fees. The Delegated Powers and Law Reform Committee agreed to draw the instrument to the attention of Parliament because—again—the preamble to the instrument is incorrect, and the Lord President’s private office has indicated that it has requested a correction slip from the statutory instrument registrar to remove the errors. If members have no comments, are members content to make no recommendation in relation to the instrument?
Members indicated agreement.
Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (SSI 2016/131)
The third instrument makes largely technical amendments to clarify points in the prison rules. The rules make provision for the regulation and management of prisons and young offenders institutions, and for various matters concerning detainees in those institutions, such as their classification, treatment, discipline, employment and control. The Delegated Powers and Law Reform Committee did not draw the instrument to the attention of Parliament on any of the grounds within its remit.
I have a point of clarification on paragraph 9 of page 7, which says:
“The definition of purposeful activity as detailed in Rule 84(2) is being amended to provide flexibility ... and a wide discretion over which activities a Governor can provide for prisoners.”
Have we any more details on what that means? I would not like there to be any diminution of work, vocational training and education, which we know are in short supply.
You have put that on the record. The committee looked at that issue in an inquiry and considered what was meant by “purposeful activity”, to check that that was not just simply ticking boxes and really had meaning. That concern is on the record.
I would like to comment on the policy objectives that relate to rule 68. The appropriate level of authorisation for a police constable to interview a prisoner has been moved from chief constable to chief inspector. I think that that is very pragmatic, and I hope that it is a direction of travel that will continue, with other matters also being devolved to the appropriate level.
That is also on the record.
I welcome the policy objective regarding flexibility of faith. It is very welcome that the objective understands that prisoners will change during their time in incarceration.
Are members content to make no recommendation in relation to the instrument?
Members indicated agreement.
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