Subordinate Legislation Committee
Meeting date: Tuesday, October 26, 2010
Official Report
324KB pdf
Domestic Abuse (Scotland) Bill: Stage 1
Before we move on to item 8, as it is her bill, I need to ask Rhoda Grant to leave us in peace for a moment—perhaps I should rephrase that. We will see you back for the final agenda item.
It should now be clear that the Domestic Abuse (Scotland) Bill is also a member’s bill.
There is one power in the bill and another matter in relation to which it might have been anticipated that a power would have been provided, and our advisers have provided us with a briefing that covers those matters. They have suggested that the committee should seek further information from Rhoda Grant, the member in charge of the bill, on section 4, “Meaning of ‘domestic abuse’” and the power in section 4(3) to modify the terms of section 4(1). In light of the legal effect of the exercise of the power to extend the categories of relationship to which the bill’s remedies can apply, we should ask why it is considered that negative procedure provides a sufficient level of scrutiny. Do we agree to ask that question?
Members indicated agreement.
The second question is about ancillary powers. There is no power to make transitional, transitory or savings provisions. Given that the bill will create new criminal offences in relation to extant protection orders, and will make provision for the availability of legal aid in certain types of proceedings, do we agree to ask Rhoda Grant whether it would be appropriate to have the power to make such provisions?
Members indicated agreement.
I am sorry about that; we have to keep things formal. As Rhoda Grant is on the committee, we could have asked her directly, but we have followed the correct procedure. We will look at her response at our meeting next week. It might be quicker than that, but it is in the hands of our team; we shall see.
Rhoda Grant can rejoin the committee, and we will continue in private.
14:21
Meeting continued in private until 14:22.