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Adoption (Recognition of Overseas Adoptions) (Scotland) Regulations 2013 (SSI 2013/310)
Our legal advisers have raised some points about the regulations, the policy intention of which is that adoptions that are effected under the law of countries or territories that were not specified in the Adoption (Designation of Overseas Adoptions) Order 1973 (SI 1973/19) and which are specified in the schedule to the regulations will be recognised as overseas adoptions only if they were effected there on or after 3 January 2014. The regulations do not specify whether all adoptions effected under the law of such countries will be recognised from 3 January 2014 regardless of when they were effected, or whether only those that are effected once the instrument is in force will be recognised.
Can we also note the Government’s commitment to take prompt corrective action?
That is question 2. Does the committee wish to welcome the Scottish Government’s prompt action to address that concern before the regulations come into force?
I am sorry that I was so premature.
You were ahead of the curve.
It just shows that I read the committee papers.
Returning to the broader issue that I mentioned, the committee has previously written to the Scottish Government about the supporting information that the Parliament requires to ensure that it can carry out proper scrutiny of instruments that involve the transition from one regime to another. It is important that the policy note makes it clear how the Government will treat cases that occurred prior to the change after the change takes place. In this case, further information was required from the Government to understand how existing adoptions from newly recognised countries would be dealt with in Scotland once the regulations came into force. The regulations could have been read in two different ways, which could have resulted in confusion about the status of such adoptions in Scotland.
Given that mistakes have been made in the past, and that the committee, the Parliament and the Government have been criticised in this area by the courts, I am disappointed that there again appears to be a lack of quality control in the drafting of such instruments. I would have thought that the Government would have wanted to address that, so I am disappointed that such inadequacy has appeared again.
Do members agree with that?
Given that further information was required, do members agree to write to the Scottish Government to remind it of its commitment to provide clear policy notes on such matters?
Given that we are mindful of the concerns that were raised previously, and given that a corrective instrument has been necessary in the context of transitional changes to the law of adoption, do members agree to seek further reassurance in writing from the Government about the adequacy of its quality control mechanisms for the drafting of instruments?
Flood Risk Management (Designated Responsible Authorities) (Scotland) Order 2013 (SSI 2013/314)
Litter (Fixed Penalties) (Scotland) Order 2013 (SSI 2013/315)
Fundable Bodies (Scotland) Order 2013 (SSI 2013/319)
Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2013 (SSI 2013/320)
Seed (Scotland) (Miscellaneous Amendments) Regulations 2013 (SSI 2013/326)
National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No 2) Amendment Regulations 2013 (SSI 2013/327)
No points have been raised by our legal advisers on the instruments, but members will have seen the written submission that the committee has received from the Law Society of Scotland in relation to SSI 2013/320. Do members have any comments on the submission?
Is the committee content with the instruments?
I am particularly pleased to see that the tomato has now been properly renamed in SSI 2013/326.
It is good to see such enthusiasm on this historic day. [Laughter.]