J/S3/08/15/M

15th Meeting, 2008 (Session 3)

Tuesday 10 June 2008

Present:

Also present: Pauline McNeill MSP

Apologies were received from Bill Butler (Deputy Convener)

The meeting opened at 10.21 am.

1. Declaration of interests: Marlyn Glen MSP was invited to declare any relevant interests. She indicated that she had no relevant interests to declare.

2. Subordinate legislation: The Committee took evidence on the draft Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2008 from—

Kenny MacAskill MSP, Cabinet Secretary for Justice;

Gerard Bonnar, Head of Summary Justice Reform Branch, Criminal Procedure Division, Dianne Drysdale, Policy Officer, Criminal Procedure Division, and Stephen Crilly, Solicitor, Criminal Justice, Police and Fire Division, Scottish Government.

3. Subordinate legislation: Kenny MacAskill MSP (Cabinet Secretary for Justice) moved S3M-1942– That the Justice Committee recommends that the draft Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (Scotland) Order 2008 be approved.

After debate the motion was agreed to.

4. Subordinate legislation: The Committee took evidence on the draft Human Tissue (Scotland) Act 2006 (Consequential Amendment) Order 2008 from—

Kenny MacAskill MSP, Cabinet Secretary for Justice;

George Burgess, Head of Division, Criminal Law and Licensing Division, and David Johnston, Solicitor, Legal Directorate, Scottish Government.

5. Subordinate legislation: Kenny MacAskill MSP (Cabinet Secretary for Justice) moved S3M-1941– That the Justice Committee recommends that the draft Human Tissue (Scotland) Act 2006 (Consequential Amendment) Order 2008 be approved.

After debate the motion was agreed to.

6. Judiciary and Courts (Scotland) Bill: The Committee considered the Bill at Stage 2.

The following amendments were agreed to (without division): 22, 1, 2, 25, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21.

The following amendments were agreed to (by division)—

45 (For 5, Against 3, Abstentions 0)
46 (For 5, Against 3, Abstentions 0)

Amendment 29 was disagreed to (by division: For 1, Against 7, Abstentions 0).

Amendments 23, 24, 35, 36, 41 and 42, were moved, and with the agreement of the Committee, withdrawn.

Amendments 27, 26, 28, 30, 31, 32, 33, 34, 37, 38, 39, 40, 43, 44, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83 and 84 were not moved.

Sections 3, 4, 5, 6, 7, 8 and 9, schedule 1, sections 11, 12, 13, 14, 16, 17 and 18, schedule 2, sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 39, 40, 41, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 55, 56, 57, 58 and 59, schedule 4, sections 60, 61, 62, 63, 64, 65, 68, 69, 70, 71, 72 and the long title were agreed to without amendment.

Sections 1, 2, 10, 15, 35, 38, 42 and 54, schedule 3, sections 66 and 67 and schedule 5 were agreed to as amended.
  
The Committee completed Stage 2 consideration of the Bill.

The meeting closed at 12.28 pm.

Douglas Wands
Clerk to the Justice Committee