Official Report 313KB pdf
Agenda item 4 is consideration of the delegated powers provisions in the Double Jeopardy (Scotland) Bill. There are just two delegated powers in the bill and our advisers have raised a question on one of them. Do members agree to ask whether the exercise of the power under section 4(7) to modify schedule 1 so as to add or remove offences should not be subject to a consultation requirement?
It is acknowledged that the exercise of that power is subject to affirmative procedure, but, given that the power to add further offences is a significant one, the question is whether there would not be merit in making provision within the bill to the effect that a comprehensive consultation exercise must first be undertaken with a suitable range of interested parties. Indeed, given the importance of the power, a further question is whether consultation would not be an essential element in ensuring that the implications of any proposed changes were fully scrutinised and evaluated before being finalised, in the same way as the delegated powers memorandum emphasises the value of parliamentary debate in the shaping of schedule 1 to the bill. Are members happy for those questions to be asked?
Is there any view on the nature of the consultation and who the interested parties would be?
I ask our legal team to say whether there is any view on the nature of the consultation.
I think that it would be for the Government, in answering the question, to make it clear who it thought it would be appropriate to consult. The committee could then consider the response when it considers its report.
That is a point well raised. We will want to ensure that the Government comes back to the committee with an answer about who the relevant consultees are and what efforts it will make to engage with them.
That would be appropriate.
Thank you for that, Mr Aitken. That is helpful.
We will consider the Government’s response, along with a draft report, at our meeting on 14 December, which is in two weeks’ time.