Subordinate Legislation Committee, 20 Apr 2004

Meeting date: Tuesday, April 20, 2004

Official Report 88KB pdf

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Delegated Powers Scrutiny

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Criminal Procedure (Amendment) (Scotland) Bill: as amended at Stage 2

Welcome to the 13th meeting this year of the Subordinate Legislation Committee. We have received two apologies: Murray Tosh is in Cork and Sylvia Jackson is stuck on a train.

We are to look at the delegated powers in the Criminal Procedure (Amendment) (Scotland) Bill as amended at stage 2. I suspect that, as a practising member of the Faculty of Advocates, I technically have an interest in the bill. If I do, then I declare it now—although I do not think that there is much in the bill that would interest me very much in that capacity.

The first powers to which our attention is drawn are those under section 10A, which introduces new section 81 to the Criminal Procedure (Scotland) Act 1995. New section 81 is to do with procedures for when a trial diet does not proceed, and new section 81(7) is on the form of notice that applies to that. Are there any comments on that? It is not a matter that need detain the committee, I think.

Members indicated agreement.

Section 12A inserts new section 72G into the 1995 act. It is to do with details relating to court procedure, and it makes sense to deal with it in the way that is proposed.

Members indicated agreement.

Section 12 introduces new section 90B(8A), which deals with a procedure as to how reluctant witnesses are to be dealt with. Are there any comments on those provisions?

We are happy with them.

We are quite happy with them—they are fine.

Happiness is abounding this morning.

Section 14 is on bail conditions, and on something called remote monitoring. In the past, we have found that such matters have been dealt with in an over-complex way. Do we have any comments to make now?

No—we welcome the new draft.

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Nature Conservation (Scotland) Bill: as amended at Stage 2

The committee will recollect that we were generally content with the delegated powers in the bill. However, a number of amendments were made at stage 2, and therefore the bill has had to come back to us so that we can consider the changes. The Executive has given us a memorandum explaining the background to some of the changes, and we need to consider other amendments.

The first amendment was to sections 22(1) and 22(4), which were on the power to prescribe the content of the register of sites of special scientific interest. Are there any comments on that?

I do not think that there is anything in those sections, or indeed in the rest of the bill, that need detain us.

Splendid—thank you. The only other matters that we need to consider relate to section 42, and a change to paragraphs 11B and 17(aa) of schedule 6. Do I take it that Mr Morgan has the mind of the committee and that we do not need to be detained on any of that?

Members indicated agreement.