Instruments subject to Negative Procedure
Right to Information (Suspects and Accused Persons) (Scotland) Regulations 2014 (SSI 2014/159)
Our legal advisers have raised another matter. Regulation 3(2) provides that a person in police custody must be provided
“as soon as reasonably practicable with such information ... as is necessary to satisfy the requirements of Articles 3 and 4 of the Directive.”
In its response to the committee, the Government has acknowledged that the terms of the directive envisage an element of discretion being exercised in the timing of the provision of the information through the use of a “back-stop provision”. Recital (19) of the preamble to the directive says that the information should be provided
“at the latest before the first official interview of the suspect or accused person by the police or by another competent authority.”
Articles 3.1 and 4.1 of the directive provide that the information should be provided “promptly”.
The committee may wish to draw to the attention of the lead committee the fact that regulation 3 does not make provision for the latest timing, which is referred to in the preamble to the directive. In its response, the Scottish Government has explained that the regulations do not specify a time limit for provision of the information because, as a matter of practice, a suspect will not be interviewed before a letter of rights under article 4 of the directive has been provided to the person.
Does the committee therefore agree to draw the terms of regulation 3(2) and the Scottish Government’s response to the committee, which explains the effect of that paragraph, to the attention of the lead committee?
Members indicated agreement.
We come to agenda item 2. A requirement of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 has not been complied with, but in this instance, the committee may wish to accept the reasons that the Scottish Government has provided for the breach of the 28-day rule.
The Scottish Government has explained that the regulations have been prepared and that it is proposed that they be brought into force as quickly as possible in order to transpose urgently into Scots law certain provisions of directive 2012/13/EU on the right to information in criminal proceedings. That follows the rescheduling into 2015 of stage 2 of the Criminal Justice (Scotland) Bill, which originally was to transpose certain provisions of the directive.
Does the committee agree to draw the regulations to the attention of the Parliament on reporting ground (j), because a requirement of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 has not been complied with?
Members indicated agreement.
Does the committee agree, however, to accept the reasons that the Scottish Government has provided for the breach of requirements?
Members indicated agreement.
Local Government Pension Scheme (Scotland) Regulations 2014 (SSI 2014/164)
The drafting of regulation 9(3)(b) appears to be defective. Regulation 9(2) provides for pension contribution rates that are referred to in a table that shows bands, earnings range figures and contribution rates. Regulation 9(3)(b) provides that the earnings figures that are set out in that table are
“to be applied to pensions beginning on 1st April 2014”,
but the intention is that they are to be applied from 1 April 2015, which is the date on which the regulations come into force.
Does the committee therefore agree to draw the regulations to the attention of the Parliament under reporting ground (i), on the basis that the drafting of regulation 9(3)(b) appears to be defective?
Members indicated agreement.
The committee may wish to note that the Scottish Government has undertaken to draw up amending regulations to correct the error. As the error is significant, the committee may wish to suggest that they be brought forward promptly. Do members agree to do that?
Members indicated agreement.
Seed (Fees) (Scotland) Regulations 2014 (SSI 2014/167)
Road Traffic (Permitted Parking Area and Special Parking Area) (Inverclyde Council) Designation Order 2014 (SSI 2014/169)
Parking Attendants (Wearing of Uniforms) (Inverclyde Council Parking Area) Regulations 2014 (SSI 2014/170)
Road Traffic (Parking Adjudicators) (Inverclyde Council) Regulations 2014 (SSI 2014/171)
Aquaculture and Fisheries (Scotland) Act 2013 (Specification of Commercially Damaging Species) Order 2014 (SSI 2014/176)
The committee agreed that no points arose on the instruments.