The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Criminal Justice Committee
Meeting date: 18 December 2024
Audrey Nicoll
Good morning, and welcome to the 40th meeting in 2024 of the Criminal Justice Committee. We have no apologies this morning.
The first item of business is to take evidence on an affirmative Scottish statutory instrument and a negative SSI, namely, the draft Electronic Monitoring (Use of Devices and Information) (Scotland) Regulations 2025, and the Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024 (SSI 2024/354).
We are joined by the Cabinet Secretary for Justice and Home Affairs. I also welcome to the meeting from the Scottish Government: Graham Robertson, head of the public protection unit; David Gallagher, from the public protection unit; and Jamie MacQueen, from the legal directorate.
I refer members to papers 1 and 2, and invite the cabinet secretary to make some opening remarks on both of the SSIs.
Criminal Justice Committee
Meeting date: 18 December 2024
Audrey Nicoll
Lastly, are members content to delegate responsibility to me to approve a short factual report to the Parliament on the affirmative instrument?
Members indicated agreement.
Criminal Justice Committee
Meeting date: 18 December 2024
Audrey Nicoll
Thank you. That report will be published shortly.
I will briefly suspend the meeting to allow for a changeover of officials.
10:13 Meeting suspended.
10:14 On resuming—
Criminal Justice Committee
Meeting date: 18 December 2024
Audrey Nicoll
Thank you, cabinet secretary. I open up the meeting to members’ questions.
Criminal Justice Committee
Meeting date: 18 December 2024
Audrey Nicoll
As no other members have indicated that they would like to speak, we shall now consider a motion to approve the affirmative SSI on which we have just taken oral evidence. I invite the cabinet secretary to move motion S6M-15677.
Motion moved,
That the Criminal Justice Committee recommends that the Electronic Monitoring (Use of Devices and Information) (Scotland) Regulations 2025 [draft] be approved.—[Angela Constance]
Motion agreed to.
Criminal Justice Committee
Meeting date: 18 December 2024
Audrey Nicoll
As no member wishes to comment further, I move to our next item of business, which is to consider the motion to approve the affirmative SSI on which we have just taken oral evidence. I invite the cabinet secretary to move motion S6M-15515.
Motion moved,
That the Criminal Justice Committee recommends that the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2025 [draft] be approved.—[Angela Constance]
Motion agreed to.
Criminal Justice Committee
Meeting date: 18 December 2024
Audrey Nicoll
Our next item of business is an oral evidence-taking session on an affirmative instrument. I welcome back the Cabinet Secretary for Justice and Home Affairs and Graham Robertson, head of the public protection unit at the Scottish Government. I also welcome Louise Miller from the legal directorate of the Scottish Government.
I refer members to paper 3. I intend to allow about 15 minutes for the evidence session. I invite the cabinet secretary to make some opening remarks on the order.
Criminal Justice Committee
Meeting date: 18 December 2024
Audrey Nicoll
Thank you very much, cabinet secretary.
I will come in before I open it out to members’ questions. You probably set this out in the final remarks that you made with regard to the rationale for Police Scotland requesting the change, but when I was reading through the papers, it occurred to me that more recent information about an individual would perhaps be more relevant in the context of an application for an order. Is there anything more that you can say about Police Scotland’s rationale for seeking more historical conviction information?
Criminal Justice Committee
Meeting date: 18 December 2024
Audrey Nicoll
As members have no comments in relation to the negative instrument, the Electronic Monitoring (Approved Devices) (Scotland) Amendment Regulations 2024, is the committee content to make no recommendations and for that instrument to come into force?
Members indicated agreement.
Meeting of the Parliament
Meeting date: 17 December 2024
Audrey Nicoll
As the cabinet secretary referenced in her statement, Ms Martins’s report also addresses the civil service code. Will the cabinet secretary say more about her engagement with the UK Government to ensure that the recommendations that lie within its responsibilities are properly addressed?