Contents
- Attendance
- Interests
- Justice Sub-Committee on Policing (Membership)
- Subordinate Legislation
- Justice Sub-Committee on Policing (Report Back)
Subordinate Legislation
Civil and Family Justice (EU Exit) (Scotland) (Amendment etc) Regulations 2020 [Draft]
Our next item of business today is consideration of an affirmative instrument. I welcome Ash Denham MSP, the Minister for Community Safety, and her officials to the meeting. I invite the minister to make a brief opening statement.
Thank you, convener, and good morning.
I would like to introduce the draft Civil and Family Justice (EU Exit) (Scotland) (Amendment etc) Regulations 2020. The areas covered by the regulations are varied, including provisions on cross-border mediation, civil status documents, legal services, legal aid, family law and transitional matters.
The regulations are a consequence of the United Kingdom’s departure from the European Union and the forthcoming end of the implementation period. They reflect the fact that current reciprocal arrangements between the UK and EU member states as a consequence of EU provisions will no longer exist.
The regulations revoke legislation that partially implemented the EU regulation on cross-border mediation, as the reciprocity on which the mediation directive is based will no longer apply. They also amend legislation that implemented the EU regulation on legal aid as, again, reciprocity will no longer apply.
The regulations invoke a Scottish statutory instrument on fees charged for issuing multilingual translation aids, as under the EU regulation on the mutual acceptance of civil status documents. They also make some amendments to two existing EU exit SSIs that are not yet in force.
Finally, the regulations make some transitional provisions in respect of matters and procedures begun but not completed before the end of the implementation period, in order to continue existing legislation in relation to such cases.
The Scottish Government considers that EU exit is not beneficial for Scotland. However, we need to implement relevant measures to address issues that arise from the UK’s withdrawal from the EU.
I am grateful for the opportunity to introduce the SSI.
Thank you very much, minister. No member has indicated that they want to ask a question—if I misunderstood that, now is the opportunity to say so.
We will move on to the next item, which is formal consideration of the motion on the instrument. The Delegated Powers and Law Reform Committee has considered and reported on the instrument and had no comments. I ask the minister to move motion S5M-23183; if necessary, there will then be an opportunity for a formal debate.
Motion moved,
That the Justice Committee recommends that the Civil and Family Justice (EU Exit) (Scotland)(Amendment etc.) Regulations 2020 [draft] be approved.—[Ash Denham]
Motion agreed to.
I invite the committee to agree to delegate to me the publication of a short, factual report on our deliberations on this SSI.
Members indicated agreement.
That concludes consideration of the regulations. I thank the minister and her officials for attending our meeting this morning.
Criminal Justice (EU Exit) (Scotland) (Amendment etc) Regulations 2020 (SSI 2020/339)
Our next item of business is consideration of a negative instrument. No member has indicated that they have any comment to make. Members have a paper that outlines the instrument in detail. Do members have any comments? No member is indicating that they have a comment. Are members therefore content not to make any comment to Parliament on the instrument? I see that members are content.