Chamber and committees

Amendment 3, in the name of the minister, is grouped with amendment 39.

Amendment 12, in the name of the minister, is in a group on its own.

As you indicated, the committee felt strongly about the matter. I am sure that all committee members welcome amendment 12.

Amendment 12 agreed to.

Section 10—Functions of judicial factor

Amendment 13 moved—[Siobhian Brown]—and agreed to.

Amendment 14, in the name of the minister, is grouped with amendments 15, 17, 30, 31, 37, 38 and 40 to 42.

Amendment 16, in the name of the minister, is grouped with amendment 36.

Amendment 25, in the name of the minister, is grouped with amendments 26, 27 and 29.

Amendment 1, in the name of the minister, is grouped with amendments 2, 4, 18 to 21, 23 and 28.

I move on to the second and third instruments on which issues have been raised.

SSI 2024/314 makes detailed provision in relation to every “relevant matter” that might be used for listing purposes and in relation to vetting information that might be included on a scheme record in respect of scheme members under the Protection of Vulnerable Groups (Scotland) Act 2007.

SSI 2024/315 makes detailed provision about what information will be included in level 1 and level 2 disclosures when the new scheme under the Disclosure (Scotland) Act 2020 enters into force.

In correspondence with the Scottish Government, the committee queried whether the provisions in the instruments are intended to prescribe non-disclosable convictions and, in relation to SSI 2024/314, all spent cautions. The Government advised that that is not the intention, and that the legal effect is correct, given the definitions in the parent acts.

Although the committee appreciates that the instruments achieve the policy intention as a matter of law, it considers that it could have been made clear, for example in the accompanying documents, that not all convictions and cautions are prescribed.

Does the committee wish to draw the instruments to the attention of the Parliament on the general reporting ground, on the basis that it would have been helpful, in the interest of accessibility, if the accompanying documents made it clear that not all convictions—and, in relation to SSI 2024/314, cautions—are prescribed?

Members indicated agreement.

Under agenda item 4, we are considering an instrument that is not subject to parliamentary procedure and on which no points have been raised.

That ends stage 2 consideration of the bill. I thank the minister and her officials for their attendance. That also concludes the public part of the meeting, and I will allow the minister and her officials to leave the room before I move the committee into private session.