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Chamber and committees

Justice Committee

Meeting date: Tuesday, October 23, 2018


Contents


European Union (Withdrawal) Act 2018


Law Enforcement and Security (Amendment) (EU Exit) Regulations 2018

The Convener

The clock is ticking, so we will continue. Agenda item 6 is consideration of a proposal by the Scottish Government to consent to the UK Government legislating, using the powers under the European Union (Withdrawal) Act 2018, in relation to a UK statutory instrument—the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2018. I refer members to paper 6, which is a note by the clerk. Do members have any questions?

John Finnie

Thank you, convener. I will be brief. Our paper contains a number of stock phrases, such as:

“Given the UK is the Member State”,

“the UK Government are leading on negotiations”,

“need to be considered on a UK wide basis”,

and

“The Scottish Government shares the UK Government’s aim”.

I have no difficulty with any of that.

However, we then come to the following sentence:

“If any legislation is considered necessary to plug gaps, it will most likely need to be progressed on a UK wide basis.”

There is an undertaking that the Justice Committee would be kept informed of that, but it would be helpful to clarify the term “likely” and what capability or opportunity exists for the Scottish criminal justice system to address the issue on its own. That would cover the situation that we discussed earlier, as child pornography and other pressing matters are very important. Could we clarify the position, please?

Would you be content for us to seek and receive further information, but to go ahead and recommend consent today?

I am very happy with that. It would be helpful to understand the position. Thank you.

The Convener

Thank you for making that important point.

Is the committee content to recommend that the Scottish Parliament gives its consent to the UK Government passing the regulations?

Members indicated agreement.

The Convener

The clerks will produce a short report. Is the committee happy to delegate authority to me to publish the report, just as we deal with Scottish statutory instruments?

Members indicated agreement.