The Scottish Government lodged a Legislative Consent Memorandum (LCM) on 23 June 2016 for the Policing and Crime Bill.
The LCM explains why the Scottish Government would like the Scottish Parliament to give consent to the Westminster Parliament to legislate in certain areas and to make changes to the powers of the Scottish Ministers in relation to competence.
The Justice Committee must report on the LCM and would very much like to hear the views of experts and stakeholders on the proposed legislation, to inform Parliamentary scrutiny.
The areas of the Bill which require the consent of the Scottish Parliament are set out below:
Police Maritime Powers: These provisions seek to bring cross-border maritime hot pursuit arrangements in line with similar situations on land.
Cross Border Powers of Arrest: The cross border arrest provisions seek to close a small but significant gap in cross border arrest powers. New powers will only be used in a small number of serious cases where the urgency of the situation means that it is not possible to wait until the person can be arrested under warrant or by police from the investigating jurisdiction.
Restoration of Littering Powers: These provisions seek to reinstate aspects of Scottish littering legislation which were erroneously repealed by the UK Government.
Firearms: The introduction of a fee for section 5 firearms authorities seeks to bring it in line with the licensing of other firearms. The Scottish Government’s executive powers are extended in that they are given a new power to levy the fee.
Call for evidence
The Committee would like to hear the views of stakeholders on the LCM. It would be helpful if comments could be broken down by reference to each of the four areas listed above. The Committee does not expect stakeholders to necessarily comment on all parts of the LCM.
The Committee would like to receive views on:
- The devolved areas in which the UK Government proposes to legislate.
- The extent to which the executive competence of the Scottish Ministers will be altered by the provisions in the Bill.
The deadline for submissions is 5.00pm on Friday 12 August 2016.
The Parliamentary Business Bureau will assign the LCM to a Committee. It is anticipated that the Bureau will refer the LCM to the Justice Committee as the lead Committee. The Committee will consider the LCM and report to Parliament, which will then vote upon a legislative consent motion on whether to agree to the Westminster Parliament legislating on its behalf. The Scottish Parliament must vote on the motion before the last amending stage of the Bill at Westminster.
More information on the LCM procedure can be found here:
How to submit your evidence
Written submissions should be in MS Word or similar word processing format, and should be no longer than 4 sides of A4. If your submission is longer than this, please provide a short summary of the main points. Submissions should be set out in numbered paragraphs. If a submission refers to existing published material, it is preferable to provide hyperlinks rather than extensive extracts.
Before making a submission, please read the Parliament’s policy on treatment of written evidence by subject and mandatory committees.
If possible, written submissions should be submitted electronically by email to:
Hard copy written submissions should be sent to:
Justice Committee Clerks
Any queries about written submissions should be addressed in the first instance to the Justice Committee clerking team at the above email address or on 0131 348 5047.