Meeting of the Parliament 11 February 2016
Amendments 17, 20 and 21 insert new subsections into sections 13, 15 and 21 respectively, which concern the national strategy, the performance framework and the guidance on community justice planning and reporting. The purpose of the new subsections is to ensure that the requirement to consult in each section is complied with even if the consultation begins or takes place before the relevant section is brought into force.
The amendments are necessary because much consultation has already taken place with stakeholders over the past 12 to 18 months. I wish to ensure that that extensive consultation can be taken into account in relation to meeting the consultation requirements that are set out in sections 13, 15 and 21. If the amendments were not agreed to, further consultation would be required, which would lead to a significant delay in the finalisation and publication of the national strategy, the performance framework and the guidance and would necessitate reinventing the wheel to a considerable degree. Further consultation would also create additional work for our stakeholders, who have already given generously of their time.
I ask members to recognise the extensive consultation activity that has already has been undertaken with stakeholders and to support amendments 17, 20 and 21 to ensure that that work is taken forward.
I turn to amendment 25. Section 36 makes provision for commencement. Amendment 25 seeks to insert in section 36(1) a reference to sections 1, 1A, 12(1), 12A(1), 12A(2), 13, 15 and 32 to provide that those sections will come into force on the day after royal assent rather than being commenced by regulations following the usual convention of waiting until two months after royal assent. It is not a request that I make lightly, so I will explain my reasons for making it.
The bill requires community justice partners to prepare a plan in relation to community justice for their area and to have regard to the national strategy, the national performance framework and any guidance that is issued by the Scottish ministers. Naturally, the community justice partners must also know who is to do the planning, whom to plan for and whom to consult.
To give the community justice partners the opportunity to comply with the requirement to produce a plan in spring 2017, it will be necessary to have the national strategy, the national performance framework and the guidance in place prior to that. The availability of those key documents in early summer will allow community justice partners to begin preparations to meet the planning duties that the bill places on them. The extensive consultation that has taken place means that the community justice partners will already be aware of the general content and direction, so nothing in those documents should be unexpected.
Accordingly, amendment 25 seeks to amend section 36(1) so that sections 13 and 15 can be commenced the day after royal assent. Sections 1, 1A, 12(1), 12A(1), 12A(2) and 32, which contain definitions that are relevant to the national strategy and the national performance framework, require to be commenced at the same time, so reference to those sections must also be inserted in section 36(1). I therefore urge the chamber to support amendment 25 to ensure that a smooth transition takes place.
Margaret McDougall’s amendment 25A is consequential on her amendments 28 and 29. It seeks to amend my amendment 25 to provide that sections 12A(1) to 12A(2B) will be commenced the day after royal assent. That is necessary because the definition of a third sector body that is involved in community justice is relevant to the requirement in sections 13 and 15 to consult such bodies. I therefore support amendment 25A, thank Margaret McDougall for working with the Government on it and urge members to support it.
I move amendment 17.