Plenary, 30 Jan 2008

Meeting date: Wednesday, January 30, 2008

Official Report 429KB pdf

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Criminal Justice and Immigration Bill

The next item of business is consideration of motion S3M-1201, in the name of Kenny MacAskill, on the Criminal Justice and Immigration Bill, which is United Kingdom legislation.

Motion moved,

That the Parliament agrees that the relevant provisions of the Criminal Justice and Immigration Bill, reintroduced in the House of Commons on 7 November 2007, relating to investigation of bribery and corruption by foreign officers, violent offender orders and repatriation of prisoners, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.—[Kenny MacAskill.]

I note that the legislative consent memorandum refers to three specific areas of the Criminal Justice and Immigration Bill. I was concerned when I saw it last week—I understand that the motion does not include clauses 113 to 120, which relate to pornography. I would be grateful if the minister could confirm that the issues around possession of extreme pornography, which are covered in the Westminster bill, will be dealt with by Scottish legislation, as was indicated by the Cabinet Secretary for Health and Wellbeing in response to an oral question from me. She stated:

"We have consulted on new law to prohibit extreme pornographic images, and will now work to implement the outcome of the consultation".—[Official Report, Written Answers, 15 November 2007; S3O-1282.]

Women's organisations in Scotland and organisations with an interest in tackling violence against women would welcome having input into the implementation of that process and are keen to ensure that the issue will still be dealt with as a devolved matter.

I am aware of Elaine Smith's track record in quite correctly pursuing the matter. The point that she raises is perfectly valid, and it is appropriate for me to explain clearly that, as is mentioned in the legislative consent memorandum, we are seeking to address various gaps, for example relating to violent offenders doing something significantly wrong. I refer to actions that are taken—as is sought south of the border—regarding those people if it is felt that they might escape punishments or requirements by moving north of the border. Clearly, people have been seeking to do that.

There are matters under the Criminal Justice and Immigration Bill that are being legislated on south of the border that relate to pornography. As Elaine C—I mean Elaine Smith—mentioned. [Laughter.] I apologise: I have a track record of previous convictions on that. As she has correctly said, legislation that will apply south of the border is being introduced in that regard. As was mentioned and has been dealt with by my ministerial health colleagues, there was a joint Scottish Executive and Home Office consultation on extreme pornography. We have legislative competence on that area here in Scotland.

We are working on proposals and are more than happy to meet Elaine Smith because of the valuable input that she and the people with whom she has communicated and whom she has represented can give. We intend to legislate on the matter in due course, rather than introduce measures that have been decided on south of the border and which are predicated on the situation there. To an extent, the member answered her own question. I can say that, in due course, we intend to address the matter that she correctly raises, but we will do so within the competence of the Parliament and in a manner that is appropriate for Scotland.

The question on the motion will be put at decision time.