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Under agenda item 3, the committee is considering instruments that are subject to the negative procedure. Issues have been raised on three of the instruments, all of which underpin the implementation of the Disclosure (Scotland) Act 2020, which reforms the disclosure regime in Scotland.
Protection of Vulnerable Groups (Referrals by Chief Constable) (Prescribed Information) (Scotland) Regulations 2024 (SSI 2024/313)
The first instrument is Scottish statutory instrument 2024/313. This instrument prescribes the information that the chief constable must refer, if held, to the Scottish ministers in relation to an individual whom the chief constable considers is or has been carrying out a type of regulated role while not participating in the protecting vulnerable groups scheme in relation to that type of regulated role.
In correspondence with the Scottish Government, which is published alongside the papers for this meeting, the committee asked a question about paragraph 6 of the schedule, which states:
“Details of the person for whom the chief constable considers that the individual is, or has been, carrying out a regulated role during the relevant period.”
The committee queried whether the term “details” is sufficiently clear to identify what information must be passed on to ministers under that paragraph.
The committee notes that, during the passage of the legislation, it was suggested that that information would be similar to that already required for scheme members, which is limited to the gender and national insurance number of the individual. The committee also notes that “details” could include any number of pieces of information that are held by the chief constable about someone who is not the individual concerned and has no other limits or criteria applying to it.
What details and how much detail will be passed on is not obvious from the instrument itself, and the Scottish Government has noted that guidance will be issued in respect of the exercise of the power. Accordingly, although the Government considers it sufficiently clear, the committee considers that it could be clearer to set out what “details” will encompass.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), which is that the form or meaning could be clearer, as the meaning of the term “details” in paragraph 6 of the schedule could be clearer?
Members indicated agreement.
Protection of Vulnerable Groups (Information for Listing and Vetting) (Scotland) Regulations 2024 (SSI 2024/314)
Level 1 and Level 2 Disclosure Information (Scotland) Regulations 2024 (SSI 2024/315)
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.
Also under agenda item 3, we are considering eight instruments on which no points have been raised.
Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 2024 (SSI 2024/292)
Firefighters’ Pension Schemes (Scotland) Amendment (No 2) Order 2024 (SSI 2024/295)
Consideration of Suitability for Regulated Roles (Prescribed Purposes) (Scotland) Regulations 2024 (SSI 2024/316)
Disclosure and Use of Level 2 Disclosures (Prescribed Purpose and Circumstances) (Scotland) Regulations 2024 (SSI 2024/317)
Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) (No 2) Regulations 2024 (SSI 2024/324)
Food Safety (Sampling and Qualifications) (Scotland) Amendment Regulations 2024 (SSI 2024/326)
Building (Scotland) Amendment (No 2) Regulations 2024 (SSI 2024/327)
Feed Additives (Authorisations) and Uses of Feed Intended for Particular Nutritional Purposes (Miscellaneous Amendment) (Scotland) Regulations 2024 (SSI 2024/330)
Is the committee content with the instruments?
Members indicated agreement.
In relation to SSI 2024/295, does the committee wish to draw to the attention of the lead committee, the Criminal Justice Committee, the DPLR Committee’s correspondence with the Scottish Government in relation to paragraph 1 of the instrument’s schedule and welcome the fact that the instrument fulfils a commitment that was made by the Scottish Government to correct an error in a date that was inserted by SSI 2024/26?
Members indicated agreement.