J1/S2/07/12/A JUSTICE 1 COMMITTEE AGENDA 12th Meeting, 2007 (Session 2) Tuesday 6 March 2007 The Committee will meet at 1.45 pm in Committee Room 4. 1. Decision on taking business in private: The Committee will decide whether to take item 6 in private. 2. Subordinate Legislation: Johann Lamont MSP, Deputy Minister for Justice, to move S2M-5641— That the Justice 1 Committee recommends that the draft Number of Inner House Judges (Variation) Order 2007 be approved. 3. Subordinate Legislation: The Committee will consider the following negative instruments— the Civil Legal Aid (Scotland) Amendment Regulations 2007, (SSI 2007/59); the Advice and Assistance (Scotland) Amendment Regulations 2007, (SSI 2007/60); the Police (Injury Benefit) (Scotland) Regulations, (SSI 2007/68); and the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2007, (SSI 2007/87). 4. UK Borders Bill (UK Parliament legislation): The Committee will consider the legislative consent memorandum lodged by Cathy Jamieson MSP, Minister for Justice (LCM(S2) 14.1). 5. Petition PE914: The Committee will consider a petition by Peter Fallon, calling on the Scottish Parliament to urge the Scottish Executive to amend criminal justice legislation to require criminals to make financial reparations to the victim(s) of their crime. 6. Legacy Paper: The Committee will consider a draft legacy paper. Callum Thomson Clerk to the Committee Papers for the meeting— Agenda item 2 Note by the Clerk on the draft Number of Inner House Judges J1/S2/07/12/1 (Variation) Order 2007 Agenda item 3 Note by the Clerk on the Civil Legal Aid (Scotland) Amendment J1/S2/07/12/2 Regulations 2007, (SSI 2007/59) Note by the Clerk on the Advice and Assistance (Scotland) Amendment J1/S2/07/12/3 Regulations 2007, (SSI 2007/60) Note by the Clerk on the Police (Injury Benefit) (Scotland) Regulations, J1/S2/07/12/4 (SSI 2007/68) Note by the Clerk on the Act of Sederunt (Fees of Solicitors in the J1/S2/07/12/5 Sheriff Court) (Amendment) 2007, (SSI 2007/87) Agenda item 4 Note by the Clerk on LCM(S2) 14.1 J1/S2/07/12/6 Agenda item 5 Note by the Clerk on petition PE914 J1/S2/07/12/7 Agenda item 6 Draft Legacy Paper (PRIVATE PAPER) J1/S2/07/12/8 Documents for information— The following documents are circulated for information: • Letter from Deputy Minister for Justice, on the Council of Europe Convention Against Trafficking in Human Beings; • Information sheet from the Commission for Equality and Human Rights; and • Letter from Minister for Justice, on a review of Bail Supervision services. Documents not circulated— Copies of the following documents have been supplied to the Clerk— • Scottish Executive, Proposals for a Judiciary (Scotland) Bill; this document is also available online, at: http://www.scotland.gov.uk/Publications/2007/02/13115213/0 • Interception of Communications Commissioner, Annual Report, 2005-06; this document is also available online, at: http://www.ipt-uk.com/docs/HC315.pdf • Scottish Executive, Plan for action on alcohol problems: update; this document is also available online, at: http://www.scotland.gov.uk/Publications/2007/02/19150222/0 • HM Inspectorate of Prisons, Report on HMP Barlinnie; this document is also available online, at: http://www.scotland.gov.uk/Publications/2007/02/01130102/0 • Audit Scotland, A review of service reform in Scottish fire and rescue authorities; this document is also available online, from the Audit Scotland website, at: http://www.audit-scotland.gov.uk/publications/index.htm • Scottish Executive Social Research, An Evaluation of the High Court Reforms Arising from the Criminal Procedure (Amendment) (Scotland) Act 2004; this document is also available online, at: http://www.scotland.gov.uk/Publications/2007/02/19111137/0 These documents are available for consultation in Room T3.60. Additional copies may also be obtainable on request from the Parliament’s Document Supply Centre. Forthcoming meeting— Wednesday 28 March, Committee Room 6. Agenda item 2 J1/S2/07/12/1 Justice 1 Committee 24 January 2007 SSI Cover Note For Committee Meeting SSI title and The draft Number of Inner House Judges (Variation) Order 2007 number: Type of Instrument: Affirmative Meeting: 12th Meeting, 2007 (Session 2) Date circulated to members: Thursday 1 March 2007 Minister to attend Justice 1 Johann Lamont MSP, Deputy Minister for Committee meeting Justice SSI drawn to Parliament’s No attention by Sub Leg Committee: Affirmative Instrument – Procedure 1. The Justice 1 Committee has been designated lead committee and is required to report to the Parliament by 19 March 2007. 2. The draft Order was laid on 15 February 2007. Under Rule 10.6.1(b), the Order is subject to affirmative resolution before it can be made, it is for the Justice 1 Committee to recommend to the Parliament whether the Order should be approved. The Minister for Justice has, by motion S2M-5641 (set out in the agenda), proposed that the Committee recommends the approval of the Order. The Deputy Minister for Justice will attend in order to speak to and move the motion. The debate may last for up to 90 minutes. 3. 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. Such a report need only be a short statement of the Committee’s recommendation. 4. The motion will be considered by the Parliament on 14 March 2007. Agenda item 3 J1/S2/07/12/2 Justice 1 Committee 6 March 2007 SSI Cover Note For Committee Meeting SSI title and The Civil Legal Aid (Scotland) Amendment Regulations 2007, number: (SSI 2007/59) Type of Instrument: Negative Meeting: 12th Meeting, 2007 (Session 2), 6 March 2007 Date circulated to members: Thursday 1 March 2007 Justice 1 Committee deadline to Monday 12 March 2007 consider SSI: Motion for annulment lodged No SSI drawn to Parliament’s No attention by Sub Leg Committee: If members have any queries or points of clarification on the instrument which they wish to raise with the Scottish Executive, please could these be passed to the Clerk to the Committee as soon as possible, to allow sufficient time for a response to be received in advance of the Committee meeting. 1 Agenda item 3 J1/S2/07/12/3 Justice 1 Committee 6 March 2007 SSI Cover Note For Committee Meeting SSI title and The Advice and Assistance (Scotland) Amendment Regulations number: 2007, (SSI 2007/60) Type of Instrument: Negative Meeting: 12th Meeting, 2007 (Session 2), 6 March 2007 Date circulated to members: Thursday 1 March 2007 Justice 1 Committee deadline to Monday 12 March 2007 consider SSI: Motion for annulment lodged No SSI drawn to Parliament’s No attention by Sub Leg Committee: If members have any queries or points of clarification on the instrument which they wish to raise with the Scottish Executive, please could these be passed to the Clerk to the Committee as soon as possible, to allow sufficient time for a response to be received in advance of the Committee meeting. 1 Agenda item 3 J1/S2/07/12/4 Justice 1 Committee 6 March 2007 SSI Cover Note For Committee Meeting SSI title and The Police (Injury Benefit) (Scotland) Regulations 2007, (SSI number: 2007/68) Type of Instrument: Negative Meeting: 12th Meeting, 2007 (Session 2), 6 March 2007 Date circulated to members: Thursday 1 March 2007 Justice 1 Committee deadline to Monday 19 March 2007 consider SSI: Motion for annulment lodged No SSI drawn to Parliament’s No attention by Sub Leg Committee: If members have any queries or points of clarification on the instrument which they wish to raise with the Scottish Executive, please could these be passed to the Clerk to the Committee as soon as possible, to allow sufficient time for a response to be received in advance of the Committee meeting. 1 Agenda item 3 J1/S2/07/12/5 Justice 1 Committee 6 March 2007 SSI Cover Note For Committee Meeting SSI title and Act of Sederunt (Fees of Solicitors in the Sheriff Court) number: (Amendment) 2007, (SSI 2007/87) Type of Instrument: Negative Meeting: 12th Meeting, 2007 (Session 2), 6 March 2007 Date circulated to members: Thursday 1 March 2007 Justice 1 Committee deadline to Monday 26 March 2007 consider SSI: Motion for annulment lodged No SSI drawn to Parliament’s No attention by Sub Leg Committee: 1. Correspondence received from the Lord President’s Private office on the instrument is attached as an annexe to this paper. 2. If members have any queries or points of clarification on the instrument which they wish to raise with the Scottish Executive, please could these be passed to the Clerk to the Committee as soon as possible, to allow sufficient time for a response to be received in advance of the Committee meeting. 1 J1/S2/07/12/5 Annexe THE LORD PRESIDENT’S PRIVATE OFFICE Parliament House Edinburgh EH1 1RQ The Clerk Subordinate Legislation Committee The Scottish Parliament 16th February 2007 Edinburgh EH99 1SP Dear Sir or Madam, ACT OF SEDERUNT (FEES OF SOLICITORS IN THE SHERIFF COURT) (AMENDMENT) 2007 The above instrument is being laid before the Scottish Parliament. I expect that following scrutiny by the Subordinate Legislation Committee, it will be passed to one of the Justice Committees. I am hoping that this letter might be passed to the relevant committee with the instrument in due course. I am attaching, for information, a copy of the letter which was sent in April 2005 to the Clerk of the Justice 1 Committee concerning the Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) 2005 in answer to various queries raised at the time by the Committee.