Chamber and committees

Welcome to the 32nd meeting in 2024 of the Delegated Powers and Law Reform Committee. We have received apologies from Roz McCall MSP. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices, please.

The first item of business is to decide whether to take item 6 in private. Is the committee content to take that item in private?

Members indicated agreement.

Under agenda item 2, the committee is considering an instrument subject to the affirmative procedure, on which no points have been raised.

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.

Amendment 6, in the name of the minister, is grouped with amendments 7, 9, 10 and 13.

Amendment 8, in the name of the minister, is in a group on its own.

Is the committee content with the instrument?

Members indicated agreement.

Also under agenda item 3, we are considering eight instruments on which no points have been raised.

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.

Is the committee content with the instrument?

Members indicated agreement.

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.