Official Report 283KB pdf
The Cabinet Secretary for Justice has written to me as convener to respond to the committee’s concerns on the delegated powers in the Prisoners (Control of Release) (Scotland) Bill.
As members will recall, section 3(2) of the bill provides that the Scottish ministers may by order bring section 1 and 2 of the bill into force on an appointed day, and section 3(3) provides that a commencement order may include transitional, transitory or saving provisions.
The committee raised concerns about the commencement provisions, given that transitional, transitory or saving provisions may be required, which could have a potentially significant effect on certain persons affected by the bill. The committee therefore recommended that the Scottish Government bring forward an appropriate amendment at stage 2 to make a commencement order made under section 3(2) subject to the negative procedure when it contains transitional, transitory or saving provisions.
The cabinet secretary has since written, agreeing to amend the bill to respond to the committee’s concerns. Specifically, he has lodged amendments to put the transitional and saving provision for the coming into force of section 1 on the face of the bill, thereby allowing Parliament an opportunity to scrutinise the provisions.
Do members have any comments or observations to make?
I welcome the cabinet secretary’s change of heart, which is all to the good. I am pleased that we stuck to our guns. I think that it was you, convener, who raised the issue in debate, and I thank you for doing so on behalf of the committee.
If members have no other comments, do members agree to note the response and welcome the fact that, in light of the committee’s report, the Cabinet Secretary for Justice has lodged amendments that put the transitional provisions on the face of the bill?
Members indicated agreement.