Right to Interpretation and Translation in Criminal Proceedings (Scotland) Regulations 2014 (SSI 2014/95)
Good morning and welcome to the Justice Committee’s 16th meeting in 2014. I ask everyone to switch off mobile phones and other electronic devices completely, as they interfere with the broadcasting system even when they are switched to silent. No apologies have been received.
Agenda item 1 is consideration of four negative instruments. The purpose of the first instrument, the Right to Interpretation and Translation in Criminal Proceedings (Scotland) Regulations 2014 (SSI 2014/95), is to give suspected or accused persons who require it the statutory right to interpretation in police custody and during police questioning, and in criminal proceedings before a court. The regulations came into force on 19 May. The Delegated Powers and Law Reform Committee considered the regulations at its meeting on 22 April and agreed that it did not need to draw the Parliament’s attention to them on any grounds within its remit.
As members have no comments, are we content to make no recommendation on the regulations?
Members indicated agreement.
Firemen’s Pension Scheme (Amendment No 2) (Scotland) Order 2014 (SSI 2014/108)
Firefighters’ Compensation Scheme (Scotland) Amendment Order 2014 (SSI 2014/109)
Firefighters’ Pension Scheme (Scotland) Amendment (No 2) Order 2014 (SSI 2014/110)
The purpose of the three orders is to provide retained firefighters with equal treatment to that of whole-time firefighters and comparable rights, following new employment legislation in 2000. The orders come into force on 23 May.
The DPLR committee considered SSI 2014/108 at its meeting on 13 May 2014 and agreed not to draw the Parliament’s attention to the order.
Do members have any comments on the order? Are you there?
Members: Yes.
Do you have any comments?
Members: No.
In that case, are members content to make no recommendation in relation to the order?
Members indicated agreement.
The DPLR committee agreed to draw SSI 2014/109 to the Parliament’s attention as it contains a minor drafting error—that old one—namely, that the word “his” was included in paragraph 11(c) of the schedule in error. Somebody must have been dreaming. The word should have been omitted, because the order is otherwise drafted in gender-neutral terms. Hear, hear, we say to that.
Do members have any comments on the order?
I simply want to say that we should welcome these orders. The bulk of the landmass of Scotland is covered by retained firefighters, so we should welcome the fact that they will have parity with their full-time equivalents.
Could that apply in the Highlands and Islands, by any chance?
It could indeed.
Good. I am glad to hear that—and in the Borders. Let us not all pitch in with our patches.
As members have no comments, other than that rather good one by John Finnie, are we content to make no recommendation on the order?
Members indicated agreement.
The DPLR committee agreed to draw SSI 2014/110 to the attention of the Parliament because paragraph 1(a)(iv) of the schedule is defectively drafted and there are other minor drafting errors. In responding to those issues, the Scottish Government accepted the points that the DPLR committee raised and agreed to lay an amending instrument that will correct the errors that have been identified with the present instrument prior to its commencement on 23 May.
Do members have any comments on the order? I do not know if you are still alive—I cannot hear a thing.
No comment.
No comment.
Thank you very much.
Are members content to make no recommendation in relation to the order?
Members indicated agreement.
Act of Sederunt (Fitness for Judicial Office Tribunal Rules) 2014 (SSI 2014/99)
Agenda item 2 is consideration of the Act of Sederunt (Fitness for Judicial Office Tribunal Rules) 2014 (SSI 2014/99). The instrument is not subject to any parliamentary procedure. The DPLR committee considered the instrument on 22 April and agreed to draw it to the attention of the Parliament due to—wait for it—defective drafting in three areas, and because the meaning of rule 6(2)(a) could be clearer. I tell you, they needed my primary teacher Miss Campbell—she would never have allowed this. The Lord President’s private office intends to lay a corrective instrument that rectifies those errors. The relevant extract from the DPLR committee’s report is reproduced on page 2 of paper J/S4/14/16/2.
As there are no comments on the instrument, are members content to note it and to endorse the conclusions in the DPLR committee report?
Members indicated agreement.
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