Subordinate Legislation
Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Amendment (Scotland) Order 2006 (draft)
I thank Hugh Henry for staying on for this item. We will consider three instruments today; two are subject to the affirmative procedure and one is subject to the negative procedure.
The first instrument is the draft Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Amendment (Scotland) Order 2006. I invite the minister to speak to the draft order.
The Rehabilitation of Offenders Act 1974 sets out to improve the rehabilitative prospects of people who have been convicted of criminal offences, served their sentences and since lived on the right side of the law. The act provides that anyone who has been convicted of an offence and sentenced to no more than two and a half years in prison can be regarded as rehabilitated after a specified period with no further convictions. However, there are some categories of employment and proceedings to which the act does not apply. In those cases, even spent convictions must be disclosed.
The act provides an order-making power to specify the types of employment and proceedings that are excluded from the act and for which disclosure is required. The purpose of the draft order that is before the committee today is to amend the 2003 order that details those exclusions. Most of the proposed amendments are minor, but two are required to take account of new bodies: one reflects the establishment of the serious and organised crime agency from 1 April 2006 and the other reflects the changes in the tax and revenue bodies that resulted in the creation of Her Majesty's Revenue and Customs.
There are also two amendments that correct minor errors. The first corrects an error in a reference to the Protection of Children (Scotland) Act 2003 and the second corrects an erroneous reference to the secretary of state in the paragraph of the 2003 order that deals with the approval of places under the Abortion Act 1967. In 1999, an order under the Scotland Act 1998 devolved those approval functions to the Scottish ministers and the 2003 order needs to be corrected to reflect that.
There is one substantive amendment, which relates to the registration of private landlords under the Antisocial Behaviour etc (Scotland) Act 2004. It is intended to facilitate the mandatory registration scheme that will have effect from 30 April 2006.
A number of other required amendments to the order are not included in this minor draft order. A further and more substantive draft order will therefore be required to deal with those amendments, to which we intend to seek the committee's agreement later this year. However, we wish to introduce without delay the current changes, which take account of new bodies and regulations that will shortly come into force.
Thank you. The Subordinate Legislation Committee has raised no points on the order and members of the Justice 2 Committee have no points or questions.
Motion moved,
That the Justice 2 Committee recommends that the draft Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Amendment) (Scotland) Order 2006 be approved.—[Hugh Henry.]
Motion agreed to.
Community Justice Authorities (Establishment, Constitution and Proceedings) (Scotland) Order 2006 (draft)
Members may recall that the committee discussed community justice authorities during consideration of the Management of Offenders etc (Scotland) Bill. Again, I ask the minister to speak to the draft order.
The draft order provides for the establishment and constitutional arrangements of eight criminal justice authorities. Once created, the authorities will play an important role in driving forward our criminal justice reforms and improving the way in which local agencies work together to tackle Scotland's high rates of reoffending.
The draft order provides the detailed framework for membership and voting. Local authorities and the Convention of Scottish Local Authorities were consulted on that and the schedule to the draft order reflects the consensus in each community justice authority area. In all cases, there will be one vote per member.
The draft order also deals with other constitutional arrangements, including the process for the appointment of CJA members, the appointment of the convener and deputy convener, and the arrangements and procedures for meetings. In this context, I want to record my appreciation for the productive working partnerships with COSLA, local authorities, the Scottish Prison Service, the voluntary sector, other organisational interests and Justice Department officials. That work was central to our reaching this stage with a high degree of consensus.
In preparation for the establishment of the CJAs, the draft order also provides for holding the first meeting. It gives ministers powers to specify dates by which members should be appointed and the first meeting held. Communication with local authorities indicates that processes are in place for the timeous appointment of members and for arranging the first meeting by the end of April, which is the date that we intend to specify.
I believe that the Subordinate Legislation Committee considered the draft order on 28 February and that nothing came from that. I recommend to the committee that the draft order be approved.
Thank you. I confirm that we have had nothing from the Subordinate Legislation Committee. Do members have questions?
Will the authorities to which the minister referred be coterminous with sheriffdoms, or will they cut across boundaries?
They will be largely, but not precisely, coterminous.
Motion moved,
That the Justice 2 Committee recommends that the draft Community Justice Authorities (Establishment, Constitution and Proceedings) (Scotland) Order 2006 be approved.—[Hugh Henry.]
Motion agreed to.
It would be helpful if the minister stayed for consideration of the next instrument.
Management of Offenders etc (Scotland) Act 2005 (Designation of Partner Bodies) Order 2006/63
The Subordinate Legislation Committee raised no points on the order and members of the Justice 2 Committee have raised no points and have no questions for the minister. Is the committee content with the order?
Members indicated agreement.
I thank the minister and his staff for their presence today.