Committee
Justice Committee 01 March 2011
01 Mar 2011 · S3 · Justice Committee
Item of business
Subordinate Legislation
Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011 (SSI 2011/45)
I accept that the reviews will be dealt with using professional standards and protocols. However, will the cabinet secretary follow up my suggestion a little bit? It is a bit like the rights that have been given to victims in relation to parole hearings. Could the cabinet secretary and his officials consider introducing such rights as a more formal part of the process when they are looking at the exact arrangements that will come out of the remedial order?10:15
In the same item of business
The Convener
Con
The first instrument is SSI 2011/45. I draw members’ attention to the cover note, which is paper 2 of the committee papers.The Subordinate Legislation Commit...
The Cabinet Secretary for Justice (Kenny MacAskill)
SNP
Thank you, convener.The order was made and laid before Parliament on 27 January, and it came into force on 28 January. It is an urgent order, as provided for...
The Convener
Con
Thank you, cabinet secretary. Are there any questions?
James Kelly (Glasgow Rutherglen) (Lab)
Lab
Cabinet secretary, you will be aware that the Subordinate Legislation Committee has drawn to the attention of the committee new section 88H of the Sexual Off...
Kenny MacAskill
SNP
I go back to my opening statement. We recognise that it is difficult to deal with sex offenders and that we have to monitor and review the situation. We have...
Robert Brown (Glasgow) (LD)
LD
As the cabinet secretary rightly says, this is a difficult area. I am not all that sure about what his objection is to a right of review, particularly for yo...
Kenny MacAskill
SNP
There is an on-going debate about the ECHR as it relates to these matters. We took the view that the system was working—fair enough. We accept the decision o...
Robert Brown
LD
I accept that the reviews will be dealt with using professional standards and protocols. However, will the cabinet secretary follow up my suggestion a little...
Kenny MacAskill
SNP
I am more than happy to feed that suggestion back so that those who are working under the MAPPA process—especially the police—take it on board. In many cases...
Nigel Don (North East Scotland) (SNP)
SNP
Going back to James Kelly’s point, I note that page 10 of the executive note says that section 88H means that the 15-year or eight-year period can be amended...
Kenny MacAskill
SNP
That would be the case.
Cathie Craigie (Cumbernauld and Kilsyth) (Lab)
Lab
I ask you to say a wee bit more about a concern raised by the Law Society of Scotland, which responded to the consultation. The society is concerned about th...
Kenny MacAskill
SNP
We are confident that the order is compatible with the ECHR. We would not have laid it if it was not compatible. We think that the police are best placed to ...
The Convener
Con
As there are no further questions for the cabinet secretary, I suspend the meeting briefly to allow the officials to change over.10:18 Meeting suspended. 10...