Disclosure (Scotland) Bill

 

About the Bill

A Bill for an Act of the Scottish Parliament to restate and amend the law relating to the disclosure of criminal history and other information by the Scottish Ministers; to make amendments to the Protection of Vulnerable Groups (Scotland) Act 2007; and for connected purposes.

Read the Bill and Accompanying Documents

Current Status of the Bill

This Scottish Government Bill was introduced by Deputy First Minister and Cabinet Secretary for Education and Skills, John Swinney MSP, on 12 June 2019. 

Keeling schedule

This “Keeling schedule” has been provided by the Scottish Government to assist the Committee members in their scrutiny of the Bill and, whilst every effort has been made to ensure that it accurately reflects the amendments proposed to the PVG Act by the Bill at introduction, the Government cannot warrant its accuracy.

Keeling schedule (please note the context provided above)

Stage 1

The Education and Skills Committee has been designated as the lead Committee for Stage 1 scrutiny. 

Stage 1 Report  

The stage one report for the bill was published on 17 December 2019. A link to the published report is here.

The Scottish Government response to the Committee's Stage 1 report can be read here. The response also includes details of potential amendments at Stage 2.

Stage 2

4 March 2020

The Committee considered the Disclosure (Scotland) Bill Stage 2 amendments.  The Marshalled list of Amendments and Groupings of Amendments are noted below along with the official report of the Committee and link to the video of the meeting

Marshalled List of Amendments for Stage 2. 20 February 2020 (320KB pdf)

Groupings of Amendments for Stage 2. 20 February 2020 (320KB pdf)

You can view the meeting here

11 March 2020

The Committee is due to consider further amendments to the Disclosure (Scotland) Bill Stage 2

2nd Marshalled list of Amendments for Stage 2. 6 March 2020 (283Kb pdf)

2nd Groupings of Amendments for Stage 2. 6 March 2020 (152KB  pdf)

You can view the meeting here

Stage 3

The Marshalled List of Amendments and Groupings of Amendments for Stage 3 can be read below.

The Chamber debate for the bill is scheduled for the 10th June 2020

Evidence

Read the call for evidence on the Bill(published Friday 28 June 2019)

The Committee received the following written submissions in response to its call for views.

Evidence Sessions

4 September 2019

The Committee heard evidence from the Disclosure (Scotland) Bill team.

View the Committee meeting from 4 September here .

9 October 2019

The Committee is heard evidence from a introductory panel 

View the Committee meeting from the 9 October here

6 November 2019

The Committee heard evidence from 2 panels of witnesses.

View the Committee meeting from the 6 November here

13 November 2019 

The Committee heard evidence from 1 panel of witnesses.

View the Committee meeting from 13 November here

20 November 2019

The Committee heard evidence from the Minister for Children and Young People.

View the Committee meeting from the 20 November here

Focus groups

The Committee held focus groups on 12 and 13 November to inform its scrutiny. Notes from these focus groups can be found below:

19 February 2020

The Committee heard evidence from the Disclosure (Scotland) Bill team on stage 2.

View the Committee meeting from 19 February here

Correspondence

The Convener of the Education and Skills Committee wrote to the Minister for Children and Young People in respect of the Disclosure (Scotland) Bill. Read the letter from the Convener and response from the Minister below.

The Convener of the Education and Skills Committee wrote to the Minister for Children and Young  People for additional information in respect of the Disclosure (Bill) Scotland. Read the letter from the Convener and response from the Minister below.

The Convener of the Education and Skills Committee received correspondence from the Minister for Parliamentary Business and Veterans in respect of the Disclosure (Scotland) Bill and the Scottish Governments view on protected subject-matter.

The Committee received a submission from Fiona Drouet from the charity Emilytest. This submission raised some points in respect of changes to proceedures aroung PVG checks carried out by UCAS. The Committee wrote to both Universities Scotland and UCAS in this respect. The letters from the Convener and the responses from UCAS and Universities Scotland are noted below.

The Committee received correspondence from the Minister for Children and Young People regarding the test of "relevant for the purpose of the disclosure" and "ought to be included in the disclosure".

The Committee received correspondence from the Minister for Children and Young People regarding the making of regulations concerning conditions imposed on scheme members under consideration for listing.

The Convener wrote to the Law Society and the Faculty of Advocates regarding the test of "relevant for the purpose of the disclosure" and "ought to be included in the disclosure". The letter from the Convener and the responses from the Law Society and the Faculty of Advocates.

The Convener wrote to the Minister for Children and Young People regarding amendments to the Disclosure (Scotland) Bill.

The Committee received a letter from the Professional Standards Authority regarding the Bill.

The Committee received a letter from the Minister for Children and Young People in response to the letter from the Professional Standards Authority.

On 23 December 2019, the Convener wrote to the Disclosure Scotland Bill Team regarding the Audit Scotland Section 22 report on Disclosure Scotland and any implications of the report’s findings on the updates and reforms proposed in the Disclosure (Scotland) Bill.

The Bill Team responded on 14 January 2020:

The Committee received a letter from the Public Audit and Post-Legislative Scrutiny Committee highlighting evidence it heard on the Section 22 report relating to Disclosure Scotland and its ability to implement the provisions of the Disclosure Scotland Bill.

The Convener wrote to the Chief Executive of Disclosure Scotland regarding concerns from the Education and Skills Committee and the Public Audit and Post-Legislative Scrutiny Committee on the practical implementation of the Disclosure (Scotland) Bill. The letter to and the response from Disclosure Scotland can be read below.

Report

The stage one report was published on 17 December 2019. A link to the published report is here.

 
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