Completed Legislative Consent Memorandums

 

The Committee has concluded its consideration of the following legislative consent memorandums

Anti-social Behaviour, Crime and Policing Bill

A supplementary Legislative Consent Memorandum (LCM) on the Anti-social Behaviour, Crime and Policing Bill was lodged on 11 November 2013. 

The Justice Committee considered its approach to the LCM on 12 November 2013 and it agreed to issue a call for evidence. The Committee heard oral evidence on the provisions relating to forced marriage on 26 November 2013.  The Minister for Commonwealth Games and Sport gave evidence to the Committee on 10 December 2013.

Evidence

Correspondence

The Minister for Commonwealth Games and Sport wrote to the Convener on 6 December 2013 indicating that there had been a change in relation to the proposed maximum sentence for forcing someone to marry against their wishes.  The letter explains that the proposed maximum sentence is now seven years; originally, the proposed maximum sentence was two years.

After the meeting on 10 December, the Minister was asked to provide additional information to the Committee.

 The Minister wrote again to the Committee on 22 January 2014 to advise that the UK Government is considering amendments to the provisions on forced marriage in the Bill, extending those provisions to ensure that a person taking advantage of another person's lack of capacity to force them to marry will also be guilty of a criminal offence.  The Minister's letter indicated that Scottish Government would wish for those provisions to be extended to Scotland, if they are included in the Anti-social Behaviour, Crime and Policing Bill.

Report

The Justice Committee published its report on the Legislative Consent Memorandum on 15 January 2014.

Debate

A debate on the Anti-social Behaviour, Crime and Policing Bill took place in the Chamber of the Scottish Parliament on 22 January 2014.

Offender Rehabilitation Bill

The Committee considered its approach to the Legislative Consent Memorandum on the Offender Rehabilitation Bill on 3 December 2013 and published its report on 10 December 2013.

Anti-social Behaviour, Crime and Policing Bill 

At its meeting on 18 June 2013 the Committee agreed its approach to the Legislative Consent Memorandum on the Antisocial Behaviour, Policing and Crime Bill covering provisions in the Bill regarding dangerous dogs, witness protection and the abolition of the Police Negotiating Board.

The Committee agreed to issue a targeted call for written evidence on the memorandum and took oral evidence from the Cabinet Secretary for Justice on 10 September 2013.

Written evidence

Responses to the Committee's call for written views can be found below.

Oral Evidence

Report

The Committee reported to the Scottish Parliament on the Legislative Consent Memorandum 19 September 2013.

Statute Law (Repeals) Bill 

The Committee considered it approach to the Legislative Consent Memorandum on the Statute Law (Repeals) Bill on 30 October and published its report on 8 November 2012.

Prisons (Interference with Wireless Telegraphy) Bill

At its meeting on 25 September 2012 the Committee agreed its approach to the Legislative Consent Memorandum on the Prisons (Interference with Wireless Telegraphy) Bill. The Committee then agreed, at its meeting on 2 October, to issue a targeted call for written evidence on the memorandum.

At its meeting on 30 October, the Committee took evidence from the Minister for Community Safety and Legal Affairs and the Scottish Prison Service. The Committee published its report on the Memorandum on 31 October.

Defamation Bill

The Committee took evidence on the Legislative Consent Memorandum on the Defamation Bill from the Cabinet Secretary for Justice at its meeting on 18 September 2012 and agreed its report on 25 September.

Crime and Courts Bill

The Committee issued a call for written evidence in relation to the Legislative Consent Memorandum on the Crime and Courts Bill prior to its evidence session with the Minister for Community Safety and Legal Affairs on 19 June 2012. The Committee received written responses from the Scottish Police Federation, the Scottish Legal Aid Board and the Association of Chief Police Officers in Scotland:

A supplementary Legislative Consent Memorandum was lodged on 12 February 2013 and considered by the Committee at its meeting on 19 February 2013.

The Committee published its report on 20 February 2013.

Legal Aid, Sentencing and Punishment of Offenders Bill

The Committee considered its approach to the Legislative Consent Memorandum on the Legal Aid, Sentencing and Punishment of Offenders Bill on 15 November and agreed its report on 22 November 2011.

Terrorism Prevention and Investigation Measures Bill

During the Committee's scrutiny of the Legislative Consent Memorandum on the Terrorism Prevention and Investigation Measures Bill, it agreed at its meeting on 8 November 2011 to write to the Scottish Government seeking clarification as to whether officers from elsewhere within the UK can conduct police searches or investigations in Scotland. The Scottish Government's response is below:

The Committee also received a letter from the Law Soceity of Scotland on the LCM:

Armed Forces Bill

The draft motion, which will be lodged by the Cabinet Secretary for Justice, is: “That the Parliament agrees that the relevant provisions of the Armed Forces Bill, introduced to the House of Commons on 16 September 2015, relating to MoD fire-fighters, so far as this matter is within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”

Background

This memorandum has been lodged by Michael Matheson, Cabinet Secretary for Justice, under rule 9B.3.1a of the Parliament’s Standing Orders. The Armed Forces Bill (“the Bill”) was introduced in the House of Commons on 16 September 2015. The Bill can be found at:

Armed Forces Bill 2015-16

More information on the LCM can be found at the following link:

Armed Forces LCM

Correspondence

The Committee agreed to write to the Fire Brigades Union seeking their views on the LCM

The Fire Brigades Union wrote to the Committee on 13 January regarding the LCM

The Committee agreed to write to the Cabinet Secretary for Justice on 26 January 2016

The Cabinet Secretary for Justice responded to the Committee on 4 February 2016

The Committee agreed to write to the Fire Brigades Union seeking their views on the LCM

The Fire Brigades Union Scotland wrote to the Committee on 17 February  2016


 
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