Official Report 122KB pdf
Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003 (draft)
We asked the Executive about the steps that were being taken to bring the enabling powers into force. We will simply draw the satisfactory response that we have received to the lead committee's attention.
We asked the Executive about the steps that were being taken to bring the enabling powers into force. We will simply draw the satisfactory response that we have received to the lead committee's attention.
Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003 (draft)
We asked the Executive about the arrangements that are in place to bring the enabling powers into force. The commencement order has been prepared and will come into force on 24 February. Scottish Ministers have been consulted in connection with the making of the order, and it is intended that the order will be made within the next few days and published in the usual manner. We thank the Executive for its response and will bring the matter to the Parliament's attention.
We asked the Executive about the arrangements that are in place to bring the enabling powers into force. The commencement order has been prepared and will come into force on 24 February. Scottish Ministers have been consulted in connection with the making of the order, and it is intended that the order will be made within the next few days and published in the usual manner. We thank the Executive for its response and will bring the matter to the Parliament's attention.
There is no harm in reminding someone who reads the guidance about obligations under the European convention on human rights.
It would take only a line or two.
Although we do not want to suggest that our police, customs officers and others who deal with drug dealers are not fully aware of the accused's human rights.
No. Ian Jenkins was not even suggesting that, Brian.
No. Ian Jenkins was not even suggesting that, Brian.
Of course, I would not want to suggest that a Liberal Democrat was soft on crime and soft on the causes of crime.
After all, someone else who was not in such a position might read the guidance.
There could be some new kid on the block.
You forgot about that, Brian.
You forgot about that, Brian.
Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 (SSI 2003/19)
On these regulations, the committee alleged that the preamble contained defective drafting and wondered whether it made entirely clear the effect that any convictions from outwith the British Isles would have on a person's application. We concluded that it was still an unexpected use of the enabling power, even though we accepted the explanation that we have received on such matters in the past.
On these regulations, the committee alleged that the preamble contained defective drafting and wondered whether it made entirely clear the effect that any convictions from outwith the British Isles would have on a person's application. We concluded that it was still an unexpected use of the enabling power, even though we accepted the explanation that we have received on such matters in the past.
I do not know whether the Subordinate Legislation Committee is considering a legacy paper, but I think that there is a nuts element to Scottish legal drafting. For example, we have just passed the Local Government in Scotland Bill. Would the French have a local government in France bill or the Austrians a local government in Austria bill? The insistence on putting Scotland into the titles of legislation strikes me as insane. I realise that there is some sort of theology behind the whole matter—anyway, the issue is not up to us—but perhaps someone should blow the whistle on it.
I look forward to your doing that, Brian. After all, there would be no question of ideology if you took that commonsense approach to the matter.
I look forward to your doing that, Brian. After all, there would be no question of ideology if you took that commonsense approach to the matter.
Convener, are you saying that Brian Fitzpatrick is devoid of ideology?
No, just that he is a very sensible person.
No, just that he is a very sensible person.
Perhaps he is devoid of the wrong type of ideology.
Touché.
You have upset her now.
No, no. Brian Fitzpatrick has made an absolutely excellent point that the committee will take on board. We have been discussing a legacy paper, and we could indeed raise the issue in it. In any case, we should draw the defective drafting to the lead committee's attention.
No, no. Brian Fitzpatrick has made an absolutely excellent point that the committee will take on board. We have been discussing a legacy paper, and we could indeed raise the issue in it. In any case, we should draw the defective drafting to the lead committee's attention.
Our second question highlighted the fact that the regulations do not mention the Isle of Man and the Channel Islands among the different jurisdictions in Britain. The Executive says that that does not matter very much.
It has pointed out that adoption agencies will have the discretion to decide whether a previous conviction should result in the applicant's being declared unsuitable to be an adoptive parent.
It has pointed out that adoption agencies will have the discretion to decide whether a previous conviction should result in the applicant's being declared unsuitable to be an adoptive parent.
That is a statutory duty in England, Wales, Northern Ireland and Scotland, but not in the Isle of Man, the Channel Islands or other countries outwith the British Isles. Any offence that is committed in the UK's larger jurisdictions immediately disqualifies prospective parents from adopting. However, if the offences were committed in other countries, the decision is at the discretion of those who decide such matters. The provision seems a little inconsistent.
It is incredibly inconsistent.
Although we have received a clear explanation of why the Executive is sticking by its story, that does not necessarily satisfy the committee.
Although we have received a clear explanation of why the Executive is sticking by its story, that does not necessarily satisfy the committee.
Obviously, the Executive has taken this approach for drafting reasons. After all, it is following the text of the Adoption (Intercountry Aspects) Act 1999. However, it is an odd aberration.
Perhaps we should draw the matter to the attention of the lead committee and the Parliament as it seems an unusual use of the power. I think that we are allowed to do that, at least.
In our letter, we should say that, given the subject area in question, the matter is rather important and that we would be obliged if the Executive would reconsider it.
In our letter, we should say that, given the subject area in question, the matter is rather important and that we would be obliged if the Executive would reconsider it.
That is what the Executive officials who appeared as witnesses at last week's Education, Culture and Sport Committee meeting said. At first, I thought that that position was odd. We have discussed this before, in relation to agricultural regulations, for example. We have insisted that people should be able to use electronic communication in such circumstances. The Executive's argument in this case was that the process would need to be paper based, as many adoption papers would be involved and signatures would need to be authentic.
I presume that the necessary papers will come from multiple sources.
That is right. They will come from sources that are not necessarily geared up electronically.
That is right. They will come from sources that are not necessarily geared up electronically.
Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2003 (SSI 2003/20)
Do members remember this one? We asked the Executive about who got to spy—just to use the shorthand—on people.
Do members remember this one? We asked the Executive about who got to spy—just to use the shorthand—on people.
The order is about fraud.
Our first question was about when the order would come into force. We asked the Executive to confirm that the date was inserted in the order prior to signature. The Executive was completely honest in admitting that there had been an administrative oversight, which can happen in the best of places. We will not hammer it for that.
Our first question was about when the order would come into force. We asked the Executive to confirm that the date was inserted in the order prior to signature. The Executive was completely honest in admitting that there had been an administrative oversight, which can happen in the best of places. We will not hammer it for that.
We should refer the issue to the lead committee.
Absolutely. We did well there—we spotted that and no one else did.
Absolutely. We did well there—we spotted that and no one else did.