Delegated Powers and Law Reform Committee

Meeting date: Tuesday, December 21, 2021

Official Report 455KB pdf

Instruments not subject to Parliamentary Procedure

Finally, under agenda item 4, we are considering instruments not subject to parliamentary procedure. An issue has been raised on the following instrument.

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc Rules 1999 and Sheriff Appeal Court Rules Amendment) (Age of Criminal Responsibility (Scotland) Act 2019) 2021 (SSI 2021/452)

The instrument amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc Rules) 1999 and the Act of Sederunt (Sheriff Appeal Court Rules) 2015. Paragraphs 3(2) and 3(3) insert new rules into the sheriff appeal court rules referring to an appeal under section 38(3), 44(3) and 67(3) of the Age of Criminal Responsibility (Scotland) Act 2019.

The committee identified an error due to an inconsistency in the cross-referencing in paragraphs 3(2) and 3(3) of the instrument. In correspondence, the Lord President’s private office explained that the reference to section 44(3) of the 2019 act should instead be to section 46(3) of that act, and it has committed to rectifying the error at the earliest appropriate opportunity.

Does the committee agree to draw the instrument to the attention of the Parliament on the general reporting ground in respect of the incorrect cross-reference? Also, does the committee welcome that the Lord President’s private office has committed to rectifying the error at the earliest appropriate opportunity?

I have one other point that I would like to highlight. In the information that we have received, the Lord President’s office has suggested that it is acting urgently in relation to the instrument that the Scottish Government brought in to change the age of criminal responsibility. Bearing in mind that the act was passed in 2019, clearly, there will have been communications between the Scottish Government and the Lord President’s private office in the period since then. I suggest that the committee writes to the Scottish Government and the Lord President’s private office to seek clarity on the communications that took place before the introduction of the instrument that the Scottish Government brought forward and on the situation that we have today. Is the committee agreed?

No member has indicated that they are not content or that they wish to speak, so we are agreed on those points.

Also under this agenda item, no points have been raised on the following instrument.

Animal Health (Notification and Control Measures) (Miscellaneous Amendments) (Scotland) (No 2) Order 2021 (SSI 2021/456)

Is the committee content with the instrument?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

The committee’s next meeting will take place on Tuesday 11 January 2022. It will include an evidence session with the Deputy First Minister and Cabinet Secretary for Covid Recovery, John Swinney MSP, as part of the committee’s inquiry into the use of the made affirmative procedure during the pandemic.

Before I close the meeting, I would like to wish all colleagues on the committee, all our committee staff and anyone who is watching a very merry Christmas and a happy new year. I hope that you all stay safe over the festive period. I look forward to working with colleagues again in 2022. It has certainly been a pleasure working with you since I became the convener after the election this year. Thank you for all of our work together.