2nd Report, 2008 (Session 3)

 Legislative consent memorandum on the Criminal Justice and Immigration Bill - LCM(S3) 7.1

Remit and membership

Remit:

To consider and report on (a) the administration of criminal and civil justice, community safety, and other matters falling within the responsibility of the Cabinet Secretary for Justice and (b) the functions of the Lord Advocate, other than as head of the systems of criminal prosecution and investigation of deaths in Scotland.

Membership:

Bill Aitken (Convener)
Bill Butler (Deputy Convener)
Cathie Craigie
Nigel Don
Paul Martin
Stuart McMillan
Margaret Smith
John Wilson

Committee Clerking Team:

Douglas Wands
Anne Peat
Euan Donald
Christine Lambourne

 Legislative consent memorandum on the Criminal Justice and Immigration Bill - LCM(S3) 7.1

The Committee reports to the Parliament as follows—

1. At its 1st Meeting, 2008 (Session 3) the Justice Committee considered a legislative consent memorandum on the Criminal Justice and Immigration Bill (LCM (S3) 7.1).

2. To inform its consideration, the Committee took evidence from Kenny MacAskill MSP, Cabinet Secretary for Justice.

3. The Cabinet Secretary advised the Committee that the areas of the Bill where the Parliament’s consent was being sought related to Serious Fraud Office powers to tackle foreign bribery and corruption, Violent Offender Orders and repatriation of prisoners.

4. The Serious Fraud Office does not investigate foreign bribery and corruption committed in Scotland.  However, in deciding whether to mount an investigation in relation to offences in England and Wales, they may need to rely on information held in Scotland, and as such the Cabinet Secretary suggested to the Committee that it is appropriate that the special investigatory powers in the Criminal Justice Act 1987 are available to them.

5. Violent Offender Orders are being introduced by the Bill for England and Wales, but not in Scotland.  The Cabinet Secretary informed the Committee that the UK and Scottish Governments wish to avoid the loophole that would exist if breach of one of these orders were not an offence in Scotland.

6. Finally, the amendments to the Repatriation of Prisoners Act 1984 and related legislation will allow the UK to ratify the Additional Protocol to the Council of Europe Convention on the Transfer of Sentenced Persons.  They will allow prisoners to be transferred without consent in limited circumstances, a change already made for other parts of the UK and now replicated for Scotland, and to deal with cases where a prisoner has fled from one state to his home state so that the sentence can be executed in his home state.  The Cabinet Secretary advised the Committee that he did not believe these amendments would be of significant practical issue in Scotland.

7. After taking evidence from the Cabinet Secretary, the Committee agreed to note the memorandum.