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JUSTICE COMMITTEE

AGENDA

1st Meeting, 2013 (Session 4)

Tuesday 8 January 2013 The Committee will meet at 10.00 am in Committee Room 2. 1. Decisions on taking business in private: The Committee will decide whether

to take items 6 to 9 in private. 2. Subordinate legislation: The Committee will take evidence on the Knife

Dealers (Licence Conditions) (Scotland) Order 2012 [draft] from—

Kenny MacAskill, Cabinet Secretary for Justice; Quentin Fisher, Head of Licensing Branch, and Walter Drummond-Murray, Policy Officer, Criminal Law and Licensing Division, Scottish Government.

3. Subordinate legislation: Kenny MacAskill (Cabinet Secretary for Justice) to move—

S4M-05254—That the Justice Committee recommends that the Knife Dealers (Licence Conditions) (Scotland) Order 2012 [draft] be approved.

4. Subordinate legislation: The Committee will consider the following negative instruments—

Civic Government (Scotland) Act 1982 (Metal Dealers’ Exemption Warrants) Order 2012 (SSI 2012/324); Act of Sederunt (Fees of Sheriff Officers) (Amendment) (No. 2) 2012 (SSI 2012/341).

5. Police and fire and rescue service reform: The Committee will consider an update.

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6. Standards, Procedures and Public Appointments Committee inquiry into

post-legislative scrutiny: The Committee will consider how it will respond to the Standards, Procedures and Public Appointments Committee's inquiry into post-legislative scrutiny.

7. Scottish Law Commission reports: The Committee will consider a letter from

the Standards, Procedures and Public Appointments Committee inviting the Convener to give evidence on this issue.

8. Parliamentary responsibilities under the Police and Fire Reform (Scotland)

Act 2012: The Committee will consider a paper by the Clerk. 9. Connection between school exclusions and offending: The Committee will

review the evidence received and decide what further action to take.

Irene Fleming Clerk to the Justice Committee

Room T2.60 The Scottish Parliament

Edinburgh Tel: 0131 348 5195

Email: irene.fleming@scottish.parliament.uk The papers for this meeting are as follows— Agenda items 2 and 3

SSI cover note

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Knife Dealers (Licence Conditions) (Scotland) Order 2012

Agenda item 4

SSI cover note

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Civic Government (Scotland) Act 1982 (Metal Dealers' Exemption Warrants) Order 2012 (SSI 2012/324)

SSI cover note

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Act of Sederunt (Fees of Sheriff Officers) (Amendment) (No. 2) 2012 (SSI 2012/341)

Agenda item 5

Paper by the Clerk

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Agenda item 6

Paper by the Clerk (private paper)

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Agenda item 7

Paper by the Clerk (private paper)

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Agenda item 8

Paper by the Clerk (private paper)

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Agenda item 9

Paper by the Clerk (private paper)

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Papers for information

Letter from the Scottish Government on the Police and Fire Reform (Scotland) Act 2012

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Report on the EU JHA Ministerial Council Meeting, Brussels, 6 and December 2012

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Letter from the Scottish Government to the Chair, EU Committee, House of Lords on UK 2014 Opt-Out Decision Inquiry

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Additional papers for agenda item 5

Letter from the Scottish Police Authority on the organisation of business activities - Scottish Police Authority and Police Scotland

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Letter from the Chief Constable, Police Scotland on roles and responsibilities

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Justice Committee

1st Meeting, 2013 (Session 4), Tuesday 8 January 2013

SSI cover note SSI title and number:

Knife Dealers (Licence Conditions) (Scotland) Order 2012 [draft]

Type of Instrument:

Affirmative

Justice Committee deadline to report on the SSI

23 January 2013

SSI drawn to Parliament’s attention by Sub Leg Committee:

No

Purpose of Instrument: 1. The purpose of the instrument is to specify the conditions that a licensing authority must attach to a knife dealer’s licence granted or renewed by the authority under the Civic Government (Scotland) Act 1982. More details on the purpose of the instrument can be found in the Policy Note (see Annexe). 2. An electronic copy of the instrument can be found at: http://www.legislation.gov.uk/sdsi/2012/9780111018637/contents Affirmative Instrument – Procedure 3. The draft Order was laid on 29 November 2012 and referred to the Justice Committee. The Order is subject to affirmative procedure (Rule 10.6). It is for the Justice Committee to recommend to the Parliament whether the Order should be approved. The Cabinet Secretary for Justice has, by motion S4M-05254 (set out in the agenda), proposed that the Committee recommends the approval of the Order. The Cabinet Secretary will attend this meeting to answer any questions on the Order and then speak to and move the motion. The subsequent debate may last for up to 90 minutes. 4. At the end of the debate, the Committee must decide whether or not to agree to the motion, and then report to the Parliament accordingly, by 23 January 2013. As the Committee will not meet again before that date, members are asked to delegate to the Convener authority to approve the report for publication.

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Annexe

Policy Note

Knife Dealers (Licence Conditions) (Scotland) Order 2012 [draft] The above instrument is made in exercise of the powers conferred by sections 3A(1) and (2) and 27C of the Civic Government (Scotland) Act 1982 and all other powers enabling them to do so. Policy objectives This Order requires local authorities to attach mandatory conditions to knife dealers’ licences granted or renewed under section 27C of the Civic Government (Scotland) Act 1982. The mandatory conditions are not new and recreate the existing mandatory conditions. This is necessary because certain of the powers under which that Order was made are to be repealed. The conditions specify that the identity of the customer and proof that they are over 18 must be established. In addition a record of the article sold must be kept and records kept for three years. Additional measures are put in place in relation to the sale of swords. These are that a knife dealer must take all reasonable steps to establish from the customer and confirm the intended use of any sword; and that the knife dealer must make and retain records for a period of at least 3 years on the enquiries made of the customer as to the intended use of the sword. Scottish Government November 2012

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Justice Committee

1st Meeting, 2013 (Session 4), Tuesday 8 January 2013

SSI cover note SSI title and number:

Civic Government (Scotland) Act 1982 (Metal Dealers’ Exemption Warrants) Order 2012 (SSI 2012/324)

Type of Instrument:

Negative

Coming into force: 20 February 2013

Justice Committee deadline to consider SSI:

14 January 2013

Motion for annulment lodged: No

SSI drawn to Parliament’s attention by Sub Leg Committee:

No

Purpose of Instrument:

1. The purpose of the instrument is to increase the level of turnover required for an exemption from the requirement to hold a licence from £100,000 to £1 million. More details on the purpose of the instrument can be found in the policy note (see Annexe).

2. An electronic copy of the instrument can be found at: http://www.legislation.gov.uk/ssi/2012/324/contents/made Justice Committee consideration: 3. The instrument was laid on 28 November 2012 and the Justice Committee has been designated as lead committee. 4. Negative instruments are instruments that are “subject to annulment” by resolution of the Parliament for a period of 40 days after they are laid. All negative instruments are considered by the Subordinate Legislation Committee (on various technical grounds) and by the relevant lead committee (on policy grounds). Under Rule 10.4, any member (whether or not a member of the lead committee) may, within the 40-day period, lodge a motion for consideration by the lead committee recommending annulment of the instrument. If the motion is agreed to, the Parliamentary Bureau must then lodge a motion to annul the instrument for consideration by the Parliament. If that is also agreed to, Scottish Ministers must revoke the instrument. 5. Each negative instrument appears on a committee agenda at the first opportunity after the Subordinate Legislation Committee has reported on it. This means that, if questions are asked or concerns raised, consideration of the instrument can usually be continued to a later meeting to allow correspondence to be entered into or a

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Minister or officials invited to give evidence. In other cases, the Committee may be content simply to note the instrument and agree to make no recommendations on it. Annexe

Policy Note

Civic Government (Scotland) Act 1982 (Metal Dealers’ Exemption Warrants) Order 2012 (SSI 2012/324)

The above instrument is made in exercise of powers conferred on the Scottish Ministers by section 29(1) of the Civic Government (Scotland) Act 1982. Policy objectives The Civic Government (Scotland) Act 1982 established a licensing scheme for metal dealers. Provision was made within the Act that metal dealers who had a turnover of over £100,000 could gain an exemption warrant which would excuse them from the requirement to hold a licence. The figure of £100,000 has not changed since the passing of the legislation in 1982. The Scottish Government is increasing the turnover level of £100,000 to a) take account of the effect of thirty years inflation and b) to better regulate the metal dealing industry by ensuring more dealers are subject to licensing requirements. This order therefore raises the level of turnover required for an exemption to £1 million. Consultation The order was subject to full public consultation which between November 2011 and February 2012. The draft order suggested raising the turnover figure to £10m in order to bring most of the industry within licensing requirements. In the light of responses to the consultation the Scottish Government concluded that the exemption warrant system should be removed entirely with all dealers subject to revised licensing conditions. Such a step will be subject to further consultation. In the interim it was decided that raising the threshold to £1m was appropriate taking account of inflation and the intention to extend the regulatory reach. A Business and Regulatory Impact Assessment accompanied the consultation. Financial Effects There will be no cost to the Scottish Government. The cost to local authorities of administering the system, should be recouped through licensing fees. Dealers being brought within the system will be subject to the licensing fee and the cost of meeting any additional conditions imposed as a result of licensing. Scottish Government November 2012

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Justice Committee

1st Meeting, 2013 (Session 4), Tuesday 8 January 2013

SSI cover note SSI title and number:

Act of Sederunt (Fees of Sheriff Officers) (Amendment) (No. 2) 2012 (SSI 2012/341)

Type of Instrument:

Negative

Coming into force: 28 January 2013

Justice Committee deadline to consider SSI:

28 January 2013

Motion for annulment lodged: No

SSI drawn to Parliament’s attention by Sub Leg Committee:

No

Purpose of Instrument:

1. The purpose of the instrument is to increase the existing fees by 2.45%.

2. An electronic copy of the instrument can be found at: http://www.legislation.gov.uk/ssi/2012/341/contents/made Justice Committee consideration: 3. The instrument was laid on 12 December 2012 and the Justice Committee has been designated as lead committee. 4. Negative instruments are instruments that are “subject to annulment” by resolution of the Parliament for a period of 40 days after they are laid. All negative instruments are considered by the Subordinate Legislation Committee (on various technical grounds) and by the relevant lead committee (on policy grounds). Under Rule 10.4, any member (whether or not a member of the lead committee) may, within the 40-day period, lodge a motion for consideration by the lead committee recommending annulment of the instrument. If the motion is agreed to, the Parliamentary Bureau must then lodge a motion to annul the instrument for consideration by the Parliament. If that is also agreed to, Scottish Ministers must revoke the instrument. 5. Each negative instrument appears on a committee agenda at the first opportunity after the Subordinate Legislation Committee has reported on it. This means that, if questions are asked or concerns raised, consideration of the instrument can usually be continued to a later meeting to allow correspondence to be entered into or a Minister or officials invited to give evidence. In other cases, the Committee may be content simply to note the instrument and agree to make no recommendations on it.

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Justice Committee

1st Meeting, 2013 (Session 4), Tuesday 8 January 2013

Updates on progress towards single police and fire and rescue services

Note by the Clerk

Purpose

1. The Committee is invited to consider correspondence from the Scottish Police Authority (SPA) and the Scottish Fire and Rescue Service (SFRS) in relation to developments with the new single services. Policing 2. At an evidence session on 27 November, Vic Emery, Chair of the SPA, told the Committee that he and Stephen House, Chief Constable of Police Scotland, expect to have resolved their issues of dispute concerning responsibility for human resources and finance by the end of the year. The Committee asked that they keep it informed of progress towards resolving the issues outstanding. 3. Correspondence from Mr Emery to the Cabinet Secretary for Justice dated 4 December stated that agreement with the Chief Constable had still to be reached on lines of reporting in relation to human resources and finance. He also committed to writing to the Committee before Christmas to update it on “continuing progress”. Mr Emery’s update is expected by 21 December and will be circulated to members on receipt. Fire and Rescue 4. On 29 November 2012, the Convener wrote to Alasdair Hay, Chief Officer of the SFRS, and Pat Watters, Chair of the SFRS Board, to request an update on progress towards the single fire and rescue service becoming operational on 1 April 2013. A joint response was provided on 6 December and is attached at Annexe A. 5. The response outlines progress in a number of areas, including appointment of the SFRS Board, which is to hold its first Board meeting on 14 January 2013, and the SFRS Management Team, which is to take up post on 1 January 2013. 6. The response also indicates that the specific responsibilities of the SFRS and its Board in relation to human resources and finance will be dealt with through a Scheme of Delegation. However, it confirms that the SFRS Board is the employer, responsible for setting the strategic direction and holding the SFRS to account for delivery of strategy, while “working within the Scheme of Delegation, the overall day-to-day financial and human resource management responsibilities will be for the Chief Officer to manage”. Recommendation 7. The Committee may wish to agree to note these updates and to consider whether to take any further action at this stage, for example, seeking further updates or taking oral evidence.

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ANNEXE A

Correspondence to the Justice Committee from the Chair and Chief Officer of the Scottish Fire and Rescue Service on fire and rescue reform

Thank you for your letters congratulating both Alasdair and myself on our respective appointments as Chief Officer and Chair of the new Scottish Fire and Rescue Service. In respect of your request for an update on the progress we are making, we both felt that it would be useful to provide you with a single response as we are very much working in a collaborative way to ensure the success of the reform process. The Scottish Fire and Rescue Service Board has now been appointed. Board members are currently undergoing a series of development seminars to assist them to effectively fulfil their responsibilities, these include:

Governance and Accountability Arrangements Employer Responsibilities, e.g. Equality and Health and Safety Fire and Rescue Service Familiarisation The Financial Operating Environment

We have also scheduled a two day strategic planning workshop for 19 and 20 December 2012, where the Board will work with the Strategic Leadership Team on the Strategic Plan, the structure of the new Service and the budget. There is also a lot of work being undertaken to develop the Board’s Standing Orders, business procedures and the Scheme of Delegation. It is anticipated that the first formal Board meeting will take place on Monday 14 January 2013, to agree this work and to appoint a Vice-Chair and establish Standing Committees. The specific responsibilities of the SFRS and the SFRS Board in relation to human resources and finances will be dealt with through the Scheme of Delegation. However, we are clear that the SFRS Board is the employer and responsible for setting the strategic direction and through effective scrutiny holding the executive of the Service to account for the delivery of the strategy. For this to work effectively and efficiently, working within the Scheme of Delegation, the overall day to day financial and human resource management responsibilities will be for the Chief Officer to manage. Finally, the key early deliverables for the Chief Officer, as noted below, are progressing well, with importantly, the new Service’s Management Team having been appointed and taking up post on 1 January 2013. Key early deliverables

Review the work done to date to prepare for the start of the SFRS and make any necessary operational decisions required to ensure that the SFRS functions effectively on 1 April and can carry out its statutory responsibilities and continue to provide an effective response to incidents.

Ensure the Service can operate within its approved budgets from 1 April. Prepare options for the Board on structures.

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Appoint senior management team. Designate number, roles and leadership of Local Senior Officers. Support the Board in producing the first SFRS strategic plan, setting out how

the SFRS will deliver its functions and meet the Scottish Government priorities as set out in the Fire and Rescue Framework.

Ensure that robust arrangements are in place to create a new formal relationship with each of the 32 local authorities by, for example, ensuring local plans are produced with reflect national and local priorities.

We hope that this update is useful and would, of course, be happy to provide any further detail you require. P Watters, Chair, Scottish Fire and Rescue Service AG Hay, Chief Officer

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Justice Committee

1st Meeting, 2013 (Session 4), Tuesday 8 January 2013

Letter from the Cabinet Secretary for Justice to the Convener

Police and Fire Reform (Scotland) Act 2012 Following my letter to you of 3 September, I thought it would be helpful to update you on progress with the subordinate legislation that is required in order to fully implement the Police and Fire Reform (Scotland) Act 2012, so that the new services can take up operations from 1 April 2013. Since the Act received Royal Assent on 7 August, we have laid two commencement orders before Parliament which brought a range of the Act’s provisions into force on 1 October 2012 and from 1 January 2013 and also provided for 1 April 2013 as the Appointed Day that the current fire and rescue staff and current employees of joint boards will transfer to the new SFRS. The remainder of the Act including all operational functions for the new services will come into force on 1 April 2013. I enclose an updated list of instruments, with laying dates, at Annexe A. A range of regulations and orders will be laid before Parliament in February and March including a suite of regulations which will set the operational terms and conditions of officers as well as procedures for dealing with misconduct and performance. In particular, I wish to draw to the Committee’s attention to the formal consultation on seven of the draft Police Workforce Regulations to be made under the Police and Fire Reform (Scotland) Act 2012 which launched on Friday 14 December on the SG website: http://www.scotland.gov.uk/Topics/Justice/public-safety/Police/ConsultationFuturePolicin/policeofficersregulationsconsultation These regulations are one of the biggest remaining enablers of the Police Service of Scotland. They are necessary to ensure that all constables will transfer to the Police Service without detriment to their terms and conditions, and to enable performance and conduct to be handled effectively. For the new police service to come into being on 1 April, it is necessary for all of these regulations to come into force on that date. The consultation will close on 11 January, so that the regulations can be laid no later than 18 February to allow 40 days for Parliamentary scrutiny before coming into force on 1 April 2013. I hope this update is helpful to the Committee. My officials will be happy to discuss any of this in more detail with Committee Clerks if they would find this helpful. I have written in similar terms to Nigel Don in his capacity as Convenor of the Subordinate Legislation Committee.

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ANNEXE A Police and Fire Reform (Scotland) Act 2012 Instruments Affirmative Procedure

SSI Title Laying Date Coming into force

Police Investigations and Review Commissioner (Investigative Procedure and Specified Weapons) Regulations

Feb 2013 1 April 2013

Transitional Provisions Order

Feb 2013 1 April 2013

Consequential Modifications Order Feb 2013 1 April 2013

Negative Procedure

SSI Title Laying Date Coming into force

Service Outwith the Police Service of Scotland Regulations 2013

Feb 2013 1 April 2013

Police Service of Scotland Regulations 2013

Feb 2013 1 April 2013

Police Service of Scotland (Performance) Regulations 2013

Feb 2013 1 April 2013

Police Service of Scotland (Cadets) Regulations 2013

Feb 2013 1 April 2013

Police Service of Scotland (Special Constables) Regulations 2013

Feb 2013 1 April 2013

Police Service of Scotland (Conduct) Regulations 2013

Feb 2013 1 April 2013

Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013

Feb 2013 1 April 2013

Police Service of Scotland (Promotion) Regulations 2013

Feb 2013 1 April 2013

Police Federation (Scotland) Regulations 2013

Feb 2013 1 April 2013

Scottish Police Authority (Provision of Goods and Services) Order 2013 (to be decided)

Feb 2013 1 April 2013

Police Service of Scotland (Provisions of Goods and Services) Order 2013 (to be decided)

Feb 2013 1 April 2013

Police Appeals Tribunal (Scotland) (Interim) Rules 2013

Feb 2013 1 April 2013

Scottish Fire and Rescue Service (Framework) Order

March 2013 To be agreed- likely to be post 1 April 2013

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Firefighters’ Pension Scheme Amendment (No.2) (Scotland) Order 2013

April 2013 (cannot be laid until powers amended by s.104 Order)

6 May 2013 (effect will be retrospective)

New Firefighters’ Pension Scheme Amendment (Scotland) Order 2013

April 2013 (cannot be laid until powers amended by s.104 Order)

6 May 2013 (effect will be retrospective)

Police Pensions Amendment (Scotland) Regulations 2013

April 2013 (cannot be laid until powers amended by s.104 Order)

6 May 2013 (effect will be retrospective)

No procedure SSI Title Laying Date Coming into

force

Commencement No, 1, Transitional, Transitory and Saving Provisions) Order 2012

Laid on 14 September 2012

1 October 2013

(Commencement No 2, Transitory, Transitional and Appointed Day Provisions) Order 2012

Laid on 6 December 2012

1 January 2013

Commencement Order No. 3 2013 March 2013 1 April 2013

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Justice Committee

1st Meeting, 2013 (Session 4), Tuesday 8 January 2013 Report on EU Justice and Home Affairs Ministerial Council Meeting, Brussels,

6 and 7 December 2012 Main outcomes of the Council Home Affairs Ministers:

noted the state of play regarding the establishment of a common European asylum system with particular reference to the directive on asylum procedures, the regulation on the “Eurodac” fingerprint database and the Dublin regulation

heard the EU Counter-Terrorism coordinator’s annual implementation report on the EU Counter-Terrorism strategy and adopted conclusions on aviation security against terrorist threats

noted a presentation by the Commission on the future of Europol and Cepol discussed with Justice Ministers the mid-term review of the Stockholm

Programme

Justice Ministers: debated the proposed revision of the 1995 General Data Protection

regulation and took stock of progress on the linked proposed directive on the protection of individuals when authorities process personal data in dealing with criminal offences

agreed a general approach on two proposed directives on the freezing and confiscation of proceeds of crime and criminal sanctions for the most serious market abuse offences (insider trading)

agreed a general approach on the proposed regulation on mutual recognition of protection measures in civil matters

debated the proposal to create a European account preservation order adopted the new EU drugs strategy for the years 2013 to 2020 noted the state of play on accession of the EU to the European

Convention on Human Rights reviewed achievements in the second semester of 2012 in the e-justice area agreed on political guidelines on two proposed regulations on matrimonial

property regimes and the property consequences of registered partnerships

noted the state of play on the proposed directive on the protection of the EU’s financial interests

discussed with Home Affairs Ministers the mid-term review of the Stockholm Programme

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The Mixed Committee (EU plus Norway, Iceland, Liechtenstein and Switzerland):

was briefed on developments in the Schengen Information System (SIS II) and discussed the functioning of the Schengen area

noted a report by the Presidency on the obstacles related to effective information exchange

The United Kingdom was represented on both days by the Home Secretary, Teresa May and was joined by the Secretary of State for Justice, Chris Grayling on the justice day. The Minister for Community Safety and Legal Affairs, Roseanna Cunningham, represented the Scottish Government on the justice day. Items of further interest are elaborated below. EU Counter-terrorism strategy The EU’s Counter-Terrorism coordinator presented his annual implementation report. The report gives an overview of the latest results in the four strands of the strategy – prevent, protect, pursue and prepare – and lists areas where measures are due to be taken. Stockholm Programme The mid-term review of the EU five year JHA programme of proposed measures, the Stockholm Programme, was discussed and it was noted that substantial progress has been made on a number of objectives. Cepol and Europol The Council noted a presentation by the Commission on the possible merger of Europol and Cepol. Eurpol is the EU police co-operation agency, while Cepol is responsible for training in cross border police matters. Data protection In January the Commission presented a legislative package to update and modernise data protection principles. It includes a regulation on the protection of individuals with regard to the processing and free movement of personal data; and a directive on the processing of personal data for the purposes of crime prevention, detection, investigation or prosecution. The Council took stock of the progress that has been achieved on this package. An orientation debate was held on the proposed regulation which focused on three themes – delegated and implementing acts, the administrative burdens and the need for flexibility for the public sector. The Irish advised that achieving progress on this package will be a key priority of their Presidency. Freezing and confiscation of proceeds of crime A general approach on this draft directive was agreed which will constitute the basis for negotiations with the Parliament to agree the final text. The directive aims to make it easier for national authorities to confiscate and recover profits made from cross border and organised crime. It sets out minimum rules regarding the freezing and confiscation of criminal assets through direct, value, extended, non-conviction based and third party confiscation.

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Mutual recognition of protection measures in civil matters This proposal is part of a legislative package aimed at strengthening the protection of victims. The regulation’s objective is to establish a legal framework to ensure all civil protection measures taken in a member state benefit from an efficient mechanism of recognition in other member states. It will complement the directive on mutual recognition of criminal protection orders. The Presidency advised that there has been broad agreement on the main text and some recitals and negotiations will continue with a view to reaching agreement quickly. European account preservation order The Council held a public debate on this proposed regulation and agreed a number of guidelines for the continuation of the work. The guidelines are that the political objective is to create a new uniform European procedure for the issue of a European Account Preservation Order (EAPO); the regulation will only apply to cross border cases; the ‘surprise effect’ of the EAPO will be an important element to ensure it will be a useful tool for creditors; and the regulation should strike the appropriate balance between the interests of the creditor and debtor. The Irish confirmed this dossier would be a priority during their Presidency. EU drugs strategy The EU drugs strategy for 2013-2020 was adopted and will be implemented through two action plans – the Irish Presidency being responsible for the first. The Strategy is structured around two policy areas: (i) drug demand reduction and (ii) drug supply reduction; and three themes: (i) coordination, (ii) international cooperation and (iii) research, information, monitoring and evaluation. Accession of the EU to the European Convention on Human Rights The Presidency advised that negotiations are continuing and the Commission emphasised its determination to move this measure forward. According to the Stockholm Programme accession to the ECHR is of key importance.

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Justice Committee

1st Meeting, 2013 (Session 4), Tuesday 8 January 2013

Letter from the Cabinet Secretary for Justice to Lord Boswell, Chair of the European Union Committee, House of Lords

Call for evidence – UK’s 2014 Opt-Out Decision (Protocol 36) Inquiry

I am grateful for the opportunity to submit written evidence to the sub-committees for their inquiry into the UK’s 2014 decision (Protocol 36). While we are not required to do so, I believe it would be helpful for me to set out the potential implications of the UK Government’s decision for justice matters that fall within the devolved competence of the Scottish Parliament. Committee Members will be aware that, within the UK, Scotland has its own separate legal system and justice institutions. The Scottish Parliament and Scottish Ministers have devolved responsibilities for the vast majority of justice matters in Scotland. Scottish justice authorities engage directly with their counterparts in other EU countries in investigating and prosecuting crime. Given the potential implications for the efficient operation of justice in Scotland, I wrote to UK Ministers in April 2012 and again in August 2012, emphasising the need for effective dialogue and consultation before any decision on the opt-out was taken. I was disappointed, therefore, that no prior notification was received by Scottish Ministers ahead of the Home Secretary’s statement on 15 October confirming the UK Government’s preferred position. Both the Home Secretary and the Secretary of State for Justice have written subsequently, acknowledging the need for dialogue at ministerial level between the UK and Scottish Governments and with operational organisations, such as the police and Crown Office, in Scotland. Our most immediate priority is to seek a clear understanding from UK Ministers of the timescales and arrangements for this dialogue ahead of any formal decision. Scottish Ministers’ starting position on this matter has been and remains, that no decision to opt-out should be taken by the UK Government without a clear and compelling case, which would justify the potential disruption to existing cross-border co-operation and practical measures that assist authorities in tackling serious and organised crimes. The decision must be informed by the views and experiences of those agencies involved directly in applying these measures within each of the UK’s distinct justice systems. UK Ministers must also be able to demonstrate that any alternative arrangements would be more effective in combating cross-border crime. This issue has been given added urgency by the Home Secretary’s announcement on 15 October of the UK Government’s preferred position. I hope this written submission is of assistance to the Committee in its consideration of the UK Government’s handling of this important decision. I am copying this letter to the Scottish Parliament Justice Committee.

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Kenny MacAskill Cabinet Secretary for Justice 18 December 2012

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Justice Committee

1st Meeting, 2013 (Session 4), Tuesday 8 January 2013

Police Reform

Letter from the Scottish Police Authority Chair to the Committee on organisation of business activities – Scottish Police Authority and Police

Scotland Following the evidence that Chief Constable Stephen House and I gave to the Justice Committee on 27 November, I agreed to update you on progress with our continuing discussions on the organisation of business activities between the Scottish Police Authority (SPA) and Police Scotland. Over the last few weeks we have been discussing how best to organise a range of corporate activities to provide the day to day levels of service and support Police Scotland requires, while also allowing the Authority to fulfil its responsibilities. The members of the SPA have held three face-to-face working sessions with the Chief Constable and his team, and these have been supplemented by further meetings at officer level. Progress has been made, and I can confirm that, a formal paper seeking approval on high-level design principles for the following corporate activities will be considered at the meeting of the SPA scheduled for 18 January 2013:

ICT Procurement Human Resources Finance Internal Audit Legal Services Communications Performance Analysis

It would be the Authority’s intention to further develop details of structures for these services, based on these principles and in consultation with the Chief Constable and other stakeholders, including union representatives. Given the high level of political and professional interest generated by this issue, the paper on corporate business activities will be published on the interim SPA website (www.spsa.police.uk/spa) in early January to allow any comments or representations to be considered by the Authority when it meets. I will write again early in the New Year to provide you with a courtesy copy of that paper. I hope you find this update helpful, and I would be grateful if it could be copied by your clerks to all members of the Committee for their information.

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I look forward to engaging with the Committee further in 2013 as we work to ensure the new police service is ready operationally, legally, and financially for the challenges ahead. Vic Emery Chair, Scottish Police Authority 21 December 2012

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Justice Committee

1st Meeting, 2013 (Session 4), Tuesday 8 January 2013

Police Reform

Letter from the Chief Constable, Police Scotland to the Committee on roles and responsibilities

Following my appearance at the Justice Committee on 27 November, I promised a further update on progress in agreeing the respective roles and responsibilities for HR and Finance functions with the Scottish Police Authority to support me in my role as Chief Constable of the new single service. We have since had two discussions with the SPA and met again yesterday (Dec 19th) at the second full meeting. Some progress was made with general agreement on high level principles and a paper on this will be made publicly available by the SPA in the new year ahead of the next meeting mid January. Our focus is very much on the delivery of a policing service for day one and I reserve some concern about the pace of progress however given the importance of the reforms, it is important we get the structures right for the future. I am increasingly of the view that the only satisfactory resolution will be a change to legislation in order to address the matter fully. I will provide a further update if required in the new year and in the meantime, please accept my best wishes for Christmas and the new year. I would be grateful if this letter could be shared with other committee members for their information. Stephen House Chief Constable 20 December 2012