J/S5/16/2/7
Justice Committee
2nd Meeting, 2016 (Session 5), Tuesday 28 June 2016
Policing and Crime Bill legislative consent memorandum
Note by the Clerk
Introduction
1.
This paper seeks to inform Members’ consideration of the legislative consent
memorandum (LCM) lodged by the Scottish Government in relation to the Policing and
Crime Bill. The LCM is attached at Annexe A (page 4).
Legislative consent memorandum process
2.
The LCM process is the mechanism for the Scottish Parliament to give its consent
to the UK Government to legislate on devolved matters in the UK Parliament. Chapter 9B
of Standing Orders1 sets out the procedure governing the process. To give consent, the
Parliament must agree to a legislative consent motion. This cannot be lodged until the
lead committee has reported on the Bill.
3.
A LCM in respect of the Policing and Crime Bill2 was lodged by the Scottish
Government on 23 June 2016. Under Standing Orders, a LCM must summarise what the
Bill does and what its policy objectives are, and specify the extent to which the Bill makes
provision for any purpose within the legislative competence of the Scottish Parliament, or
which alter the competences of the Scottish Ministers. If (as here) the intention of the
lodger of the LCM is to lodge a legislative consent motion, then LCM should also set out a
draft legislative consent motion.
4.
Members may wish to note that, under Standing Orders, an LCM should “normally”
be lodged within 2 weeks of the relevant Bill being introduced into the UK Parliament. On
this occasion, there has been a significant lapse of time before lodging, as the Policing and
Crime Bill was introduced in the House of Commons on 10 February 2016. (The LCM
notes that dialogue over some provisions in the Bill has been ongoing between the UK and
Scottish Governments.) Clerks are seeking to ascertain how much time the Committee will
have in practice to consider the LCM and will notify the Committee in due course.
5.
As the LCM has only just been lodged, the Parliamentary Bureau has not yet
formally referred it to a lead Committee. However, the clerks understand that the intention
is to refer it to the Justice Committee, given that the vast majority of the provisions in
respect of which consent is being sought relate to justice matters. By giving the earliest
possible consideration to the LCM, before it has been formally referred to it, the Justice
Committee thus has the opportunity to agree to issue a call for evidence on it before the
Summer recess, which may be useful if the reporting period turns out to be tight. If the
Committee wishes, there would be an opportunity to consider a further approach to
scrutiny of the LCM at a later meeting in early autumn.
1
2
http://www.scottish.parliament.uk/parliamentarybusiness/26512.aspx
http://services.parliament.uk/bills/2015-16/policingandcrime.html
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The Policing and Crime Bill
6.






The purpose of the Policing and Crime Bill as stated by the UK Government is to:
Further improve the efficiency and effectiveness of police forces, including through
closer collaboration with other emergency services.
Enhance the democratic accountability of police forces and fire and rescue
services.
Build public confidence in policing.
Strengthen the protections for persons under investigation by, or whom come into
contact with, the police.
Ensure that the police and other law enforcement agencies have the powers they
need to prevent, detect and investigate crime.
Further safeguard children and young people from sexual exploitation.
Purpose of the LCM
7.
The Bill contains provisions which are intended to have effect in Scotland (either in
full or in part) which would either alter or affect the legislative competence of the Scottish
Parliament or the executive competence of the Scottish Ministers. This makes it a
“relevant Bill” under Chapter 9B of the Standing Orders and consequently requiring the
consent of the Scottish Parliament.
Reasons for requiring legislative consent (more details set out in LCM itself)
Police Maritime Powers
8.
The Bill makes provisions relating to Scottish law enforcement officers and the
policing of Scottish waters which relates to devolved matters. In particular Chapter 6 of
Part 4 which relates to Scotland, and clause 84 which provides power to England and
Wales law enforcement officers to pursue vehicles into Scottish waters. Chapter 6 also
provides for reciprocal provisions to be made with regard to Scotland. The provisions in
relation to maritime cross-border pursuit are consistent with the position regarding crossborder pursuit powers on land. They are also consistent with the reciprocal cross-border
maritime enforcement powers in the Modern Slavery Act 2015, for which the Scottish
Parliament passed a Legislative Consent Motion on 15 January 20153.
Cross border power of arrest
9.
The aim of the cross-border arrest provisions is to provide a new power of arrest to
local police where there is an urgent need to detain someone who is suspected of
committing a serious offence in another UK jurisdiction. This recognises that criminals do
not respect the internal boundaries between UK jurisdictions. The Scottish Government
believes that it would not be possible for a Scottish Parliament Bill to deliver the policy
required as elements of the provisions about cross-border arrest are clearly devolved but
they would not work on their own. Instead the devolved provisions need to be woven into a
set of complex cross-jurisdictional powers which cannot be easily divided along
reserved/devolved lines. The Scottish Government believes that the only meaningful way
to deliver the powers necessary to deliver this aim is by making provision in a UK Bill.
Restoring littering powers of Scottish local authorities under sections 92, 93 and 94 of the
Environmental Protection Act 1990
3
http://www.parliament.scot/LegislativeConsentMemoranda/ModernSlaveryBillLCM.pdf
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10.
The Bill’s provisions restore powers which were removed in error by earlier UK
Legislation. These powers relate to Scottish local authorities’ ability to issue:
• Litter Abatement Notices – used when organisations with a responsibility to keep
their land clear of litter are not fulfilling their duty.
• Street Litter Control Notices – used to instruct businesses to keep the street or
land near their premises clear of litter
11.
The environment is a devolved matter. However, when the UK government’s AntiSocial Behaviour, Crime and Policing Act 2014 repealed sections of the Environmental
Protection Act for England and Wales it did so for Scotland too. As these powers were
erroneously repealed by a UK Act the Scottish Government believes it is appropriate that
they are restored as soon as possible through UK legislation, rather than an act of the
Scottish Parliament. Legislative consent is required to allow the UK Parliament and
Government to use the Policing and Crime Bill to do so.
Firearms
12.
Part 6 of the Bill makes a number of changes and additions to existing firearms
legislation. The majority of firearms legislation remains reserved to Westminster and
applies throughout Great Britain. The exception to this is for air weapons licensing, which
was devolved under the Scotland Act 2012 and is being introduced in Scotland only under
Part 1 of the Air Weapons and Licensing (Scotland) Act 2015.
13.
Clause 115 requires the legislative consent of the Scottish Parliament as it alters
the executive competence of the Scottish Ministers. Specifically, it provides for the
Scottish Ministers to charge a fee for the grant, variation or renewal of an authority given
under section 5 of the Firearms Act 1968. Such an authority allows a person to possess,
purchase, acquire, manufacture, sell or transfer certain weapons which are otherwise
subject to a general prohibition. Section 5 authorities are already granted or refused by
the Scottish Ministers, on the advice of the Police Service of Scotland. However, there is
no provision for a fee to be charged within the current legislation.
14.
Clause 115 also amends the fee provisions in relation to the granting, variation or
renewal of club approvals under section 15 of the Firearms (Amendment) Act 1988, and of
museum firearms licences under the Schedule to that Act. These functions are
executively devolved (by virtue of SI 1999/1750). The Scottish Parliament’s consent will
therefore be required in so far as clause 115 alters the Scottish Ministers’ existing feecharging functions in respect of club approvals and museum firearms licences.
Recommendation
15.
It is expected that the Committee will wish take evidence from the Cabinet
Secretary in the autumn before reporting on the LCM. The Committee may also wish to
consider issuing a call for written evidence with a possible view to taking oral
evidence from stakeholders before it hears from the Cabinet Secretary, if it
considers that responses raise any significant issues. If so, the Committee is asked
to agree the draft call for evidence in Annexe B (page 13).
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Annexe A
LEGISLATIVE CONSENT MEMORANDUM
Policing and Crime Bill
Background
1.
This memorandum has been lodged by Michael Matheson MSP, Cabinet Secretary
for Justice. The Policing and Crime Bill was introduced in the House of Commons on 10
February 2016. The Scottish Government is currently seeking further amendments and
assurances about the content of the Bill in relation to cross-border powers of arrest and
has lodged a draft Legislative Consent Motion while this is ongoing. If the Scottish
Ministers are satisfied with the outcome of discussions with the UK Government a
supplementary motion will be lodged.
2.
The Bill can be found at:
http://www.publications.parliament.uk/pa/bills/lbill/2016-2017/0055/17055.pdf
Content of the Policing and Crime Bill
3.
The purpose of the Policing and Crime Bill as stated by the UK Government is to:






Further improve the efficiency and effectiveness of police forces, including through
closer collaboration with other emergency services.
Enhance the democratic accountability of police forces and fire and rescue
services.
Build public confidence in policing.
Strengthen the protections for persons under investigation by, or whom come into
contact with, the police.
Ensure that the police and other law enforcement agencies have the powers they
need to prevent, detect and investigate crime.
Further safeguard children and young people from sexual exploitation.
4.
The Bill makes provision in a number of areas which extend mainly to England, or
England and Wales only. The Speaker has therefore certified various provisions within the
Bill under EVEL (English Votes for English Laws).
Provisions which relate to Scotland
5.
As noted above, whilst a significant number of provisions contained within the Bill
extend solely to England, or England and Wales, there are aspects of the Bill which are
intended to have effect in Scotland (either in full or in part) or which affect/alter the
legislative competence of the Scottish Parliament:
Police maritime powers
Policy intent
6.
In general, chapter 6 of Part 4 of the Bill aims to extend police powers to investigate
offences committed on vessels operating at sea.
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7.
Clause 82 gives English and Wales law enforcement officers powers to board a
United Kingdom (UK) ship in England and Wales waters, foreign waters or international
waters, a ship without nationality in England and Wales waters or international waters, a
foreign ship in England and Wales waters and a ship registered under the laws of a
relevant territory in England and Wales waters. The powers are set out in clause 86 (to
stop, divert and detain), clause 87 (search and obtain information) and clause 88 (powers
of arrest and seizure) and are exercisable for the purpose of preventing, detecting,
investigating and prosecuting an offence under the law of England and Wales.
8.
Clause 83 restricts the exercise of these powers. The Secretary of State must give
authority before the powers are used on a UK ship in foreign waters, or a foreign ship in
England and Wales waters.
9.
Clause 84 gives England and Wales law enforcement officers powers to pursue a
vessel into Scotland and Northern Ireland waters if the vessel is pursued there from
England and Wales waters or international waters (subject to the restrictions in clause 85
which requires authority from the Secretary of State in relation to foreign ships and ships
registered under the law of a relevant territory). Again, the powers are exercisable for the
purpose of preventing, detecting, investigating and prosecuting an offence under the law of
England and Wales.
10.
It is considered desirable that Scottish law enforcement officers should be given
similar powers for the purpose of preventing and investigating an offence committed on
vessels operating at sea under the law of Scotland. Chapter 6 therefore makes reciprocal
provisions with regard to Scotland.
11.
Law enforcement officers for the purposes this Chapter are defined to include
constables of the Police Service of Scotland, British Transport Police Force constables,
designated customs officials, National Crime Agency officers with the powers of a
constable in Scotland and any other person specified in regulations by the Secretary of
State. Those regulations may not make devolved provision without the consent of the
Scottish Ministers.
12.
Clause 94 gives Scottish law enforcement officers specified maritime enforcement
powers in relation to a UK ship in Scotland waters, foreign waters or international waters, a
ship without nationality in Scotland waters or international waters, a foreign ship in
Scotland waters or international waters and a ship registered under the laws of a relevant
territory in Scotland waters or international waters. The enforcement powers are set out in
clause 98 (to stop, divert and detain), clause 99 (search and obtain information), clause
100 (powers of arrest and seizure) and clause 101 (protective searches) and are
exercisable for the purpose of preventing, detecting or investigating an offence under the
law of Scotland.
13.
Similar to the position in relation to England and Wales enforcement officers under
clause 83, the Secretary of State must give authority before the powers are used on a UK
ship in foreign waters, or a foreign ship or a ship registered in a relevant territory in
Scotland waters. It is considered appropriate for the Secretary of State to have this
function given that this is a matter of the international law of the sea and international
relations and mirrors the position in relation to similar maritime enforcement powers
elsewhere (for example, under the Modern Slavery Act 2015).
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14.
Clause 96 gives Scottish law enforcement officers powers to pursue a vessel into
England and Wales and Northern Ireland waters if the vessel is pursued there from
Scotland waters or international waters. This is again subject to the restrictions in clause
97 which require authority from the Secretary of State in relation to a foreign ship or ship
registered in a relevant territory. The powers may be exercised for the prevention,
detection or investigation of an offence under the law of Scotland.
15.
Clause 102 contains supplementary provisions and clause 103 provides that it is an
offence to obstruct or fail to comply with a requirement imposed by a law enforcement
officer under Chapter 6 or to knowingly or recklessly provide false information or to fail to
disclose information.
Background
16.
At present, police jurisdiction is limited to the territorial waters, which extends to
12 nautical miles from the shore4. This can hamper the effective disruption of criminal
activity in the maritime context, as Scottish law enforcement agencies may not always be
able to act when a crime has taken place on ships around the UK or on the high seas.
17.
The maritime enforcement provisions do not raise any significant or sensitive policy
issues. The provisions in relation to maritime cross-border pursuit are consistent with the
position regarding cross-border pursuit powers on land. They are also consistent with the
reciprocal cross-border maritime enforcement powers in the Modern Slavery Act 2015, for
which the Scottish Parliament passed a Legislative Consent Motion on 15 January 2015 5.
18.
Scottish Government officials have discussed these provisions with Police Scotland,
who have raised no issues.
Reasons for seeking a legislative consent motion
19.
The Bill makes provisions relating to Scottish law enforcement officers and the
policing of Scotland waters which relate to devolved matters. In particular, the provisions in
Chapter 6 of Part 4 which relate to Scotland and clause 84 which provides power to
England and Wales law enforcement officers to pursue vessels into Scotland waters.
Cross-Border Powers of Arrest
Policy Intent
20.
Clause 105 of the Bill was inserted into the Bill at Report Stage in the House of
Commons to fill a gap in cross-border arrest powers. This clause inserts new sections into
the Criminal Justice and Public Order Act 1994 (“the 1994 Act”).
4
In Scotland, the Police and Fire Reform (Scotland) Act 2012 empowers the Police to carry out the ‘policing of
Scotland’ and that phrase is defined as “carrying out police functions in or as regards Scotland”. ‘Scotland’ is
defined for the 2012 Act by reference to the Scotland Act 1998 at section 126(1) - which provides that
Scotland includes the territorial sea of the United Kingdom which is adjacent to Scotland. In effect then these
definitions work together to limit police jurisdiction to these waters.
5
http://www.parliament.scot/LegislativeConsentMemoranda/ModernSlaveryBillLCM.pdf
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21.
The provisions will allow people suspected of serious offences in Scotland to be
arrested in other parts of the UK by police from those jurisdictions. Police Scotland will
have a role in authorising the holding of these suspects elsewhere in the UK until they can
be re-arrested, with a view to interviewing, charging and ultimately bringing them to trial in
Scotland. The provisions will also allow people suspected of serious offences in England,
Wales and Northern Ireland to be arrested and held in Scotland by Police Scotland. In
those cases Police Scotland will have responsibilities towards the suspects arrested until
police from the investigating jurisdiction can come and re-arrest them with a view to
interviewing, charging and bringing them to trial in England, Wales or Northern Ireland.
The provisions which will apply to Scotland are as follows:
 Section 137A will allow police officers to arrest someone on suspicion of having
committed an offence in another UK jurisdiction. Provisions have been included
to ensure that the power will not be used to detain people unnecessarily. These
restrict the power of arrest so it can only be used in urgent cases and in relation
to serious offences. Following arrest, officers from both jurisdictions will need to
authorise keeping the person in custody. Scottish Government officials have
been working closely with UK government colleagues to try to ensure that these
amendments strike the right balance.
 Section 137B allows for serious offences to be specified in regulations.
Discussions are ongoing between Scottish Government and the Home Office
about the appropriate mechanism for making those regulations.
 Section 137C allows police from the arresting jurisdiction to hold the arrested
person until they can be collected by officers from the investigating jurisdiction.
This is subject to strict time limits and requirements for authorisation by senior
officers from both the arresting and investigating forces.
 Section 137D protects the rights of persons arrested under section 137A. These
include rights to be given certain information as well as rights to have others
informed about their arrest and to have access to legal advice. The rights for
Scottish suspects are based on rights they would have if arrested in Scotland,
as set out in the Criminal Justice (Scotland) Act 2016.
Background
22.
There are already provisions about cross-border arrest in the 1994 Act. These allow
people suspected of an offence in Scotland to be arrested in England, Wales or Northern
Ireland. They can be detained without warrant by Police Scotland or arrested under
warrant by police from England, Wales or Northern Ireland. There are symmetrical
provisions which allow suspects from England, Wales and Northern Ireland to be arrested
in Scotland, either without warrant by police from the investigating jurisdiction or under
warrant by Police Scotland.
23.
There are currently no powers of arrest available in urgent investigations where an
individual commits a serious offence in one jurisdiction, no arrest warrant has been issued
and the suspect turns up unexpectedly in another UK jurisdiction. Even if there are strong
arguments for arresting and holding the suspect, the local police lack clear power to do so.
24.
The aim of the cross-border arrest provisions in the Bill is to provide a power of
arrest to local police in the circumstances outlined above. These provisions were prepared
and inserted into the Bill at relatively short notice. They are complex cross-jurisdictional
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provisions which will apply to and affect Scotland in a number of different ways. The
provisions about arresting Scottish suspects will extend to England, Wales and Northern
Ireland but Police Scotland will have a role in authorising the detention of those suspects
and in coming to re-arrest them. The provisions about suspects from other UK jurisdictions
will be relied on to arrest and detain people in Scotland. It is likely that the provisions will
be refined by amendment in the House of Lords.
25.
It is intended that these new arrest powers will only be used in the small number of
serious and urgent cases where it is not possible to wait until the person can be arrested
under warrant or by police from the investigating jurisdiction.
Reasons for seeking a Legislative Consent Motion
26.
The aim of the cross-border arrest provisions is to provide a new power of arrest to
local police where there is an urgent need to detain someone who is suspected of
committing a serious offence in another UK jurisdiction. This recognises that criminals do
not respect the internal boundaries between UK jurisdictions. It would not be possible for a
Scottish Parliament Bill to deliver the policy required. Elements of the provisions about
cross-border arrest are clearly devolved but they would not work on their own. Instead the
devolved provisions need to be woven into a set of complex cross-jurisdictional powers
which cannot be easily divided along reserved/devolved lines. The only meaningful way to
deliver the powers necessary to deliver the policy aim is by making provision in a UK Bill.
Restoring littering powers of Scottish local authorities under sections 92, 93 and 94 of the
Environmental Protection Act 1990
Policy intent
27.
The policy intent is to restore, on a like-for-like basis, certain powers in relation to
litter contained within the Environmental Protection Act 1990 (“the 1990 Act”), which were
accidently repealed in Scotland by the UK Government by the Anti-social Behaviour,
Crime and Policing Act 2014. This repeal has left a gap in the powers available in Scotland
to tackle littering. New clause 146 (Powers of Scottish litter authorities) therefore re-enacts
sections 92, 93 and 94 of the 1990 Act in Scotland and so re-enacts the powers for
Scottish local authorities to issue litter abatement notices and street litter control notices.
The policy intent is simply to re-enact the following sections that existed under the 1990
Act:
 Section 92, which provides Scottish local authorities’ with a power to issue
Litter Abatement Notices. These are used when organisations with a
responsibility to keep their land clear of litter are not fulfilling their duty.
 Section 93, which enables Scottish local authorities to issue Street Litter
Control Notices. These are used to instruct businesses to keep the street or
land near their premises clear of litter.
 Section 94 covers Street litter supplementary provisions. These contain
powers for the Scottish Ministers to describe the types of commercial or retail
premises and land for which Street Litter Control Notices may be issued. It also
covers the litter and refuse clearing considerations which may be contained
within such notices, requirements in relation to serving the notices, appealing
them, compliance and the penalty for failing to comply. It also provides that
such notices are in place before the repeal is revived.
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Background
28.
The powers are intended to provide flexibility, at local level, to tackle litter problems.
These powers are currently unavailable to Scottish local authorities due to their repeal by
the Anti-Social Behaviour, Crime and Policing Act 2014. This accidental repeal has only
recently come to light and the Scottish Ministers are supportive of the restoration of these
powers.
29.
It should be noted that the repeal of sections 92 to 94 by the Anti-Social Behaviour,
Crime and Policing Act 2014 did not affect notices issued before the date of the coming
into force of those repeals. This means that Scottish notices issued before those repeals
are still valid and can be enforced against accordingly. This is on the basis that section 16
of the Interpretation Act 1978 applies in respect of existing notices. Local authorities will be
able to use the re-enacted provisions to issue new notices.
Reasons for seeking a Legislative Consent Motion
30.
The environment is a devolved matter. However, when the UK government’s AntiSocial Behaviour, Crime and Policing Act 2014 repealed sections of the Environmental
Protection Act for England and Wales it did so for Scotland too. As these powers were
erroneously repealed by a UK Act it is appropriate that they are restored as soon as
possible through UK legislation, rather than an act of the Scottish Parliament. Legislative
consent is required to allow the UK Parliament and Government to use the Policing and
Crime Bill to do so.
Part 6 - Firearms
Policy intent
31.
The provisions in Part 6 of the Bill stem largely from a 2014 report into firearms
legislation by the Law Commission for England and Wales. While the Law Commission’s
report recommends that there should be a fundamental “codification” of firearms
legislation, the provisions in the Bill only seek to address a number of immediate or urgent
issues identified by the Home Office and the police.
32.
In summary, the provisions in Part 6 seek to clarify the meaning of “firearm” for the
purposes of the legislation; specifically define the meaning of “antique firearm”; set out a
new offence with regard to the possession of articles intended to convert imitation firearms
into firearms; set out controls on deactivated weapons; make provision for the charging of
fees in certain circumstances; and provide for the issue of statutory guidance to the police
in connection with the firearms legislation.
Background
33.
The majority of firearms legislation remains reserved to the UK Government and
applies throughout Great Britain. Northern Ireland has its own firearms legislation. The
exception to this is for air weapons licensing, which was devolved under the Scotland Act
2012 and is being introduced under Part 1 of the Air Weapons and Licensing (Scotland)
Act 2015 (“the 2015 Act).
http://www.legislation.gov.uk/asp/2015/10/contents/enacted
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34.
The Scottish Ministers are supportive of the provisions in the Bill in principle, but
there are a few areas of detail which have yet to be finalised. In particular, the Scottish
Ministers have sought to ensure that any amendments to the definitions of “firearm” and
“lethal barrelled weapon” at clause 111 do not adversely impact the “meaning of air
weapon” as set out in section 1 of the 2015 Act. This is founded in the definition of
“firearm” at section 57(1) of the Firearms Act 1968.
http://www.legislation.gov.uk/ukpga/1968/27/contents
Reasons for seeking a Legislative Consent Motion
35.
Clause 115 requires the legislative consent of the Scottish Parliament as it alters
the executive competence of the Scottish Ministers. Specifically, it provides for the
Scottish Ministers to charge a fee for the grant, variation or renewal of an authority given
under section 5 of the Firearms Act 1968. Such an authority allows a person to possess,
purchase, acquire, manufacture, sell or transfer certain weapons which are otherwise
subject to a general prohibition. Section 5 authorities are already granted or refused by
the Scottish Ministers, on the advice of the Police Service of Scotland. However, there is
no provision for a fee to be charged within the current legislation.
36.
Clause 115 also amends the fee provisions in relation to the granting, variation or
renewal of club approvals under section 15 of the Firearms (Amendment) Act 1988, and of
museum firearms licences under the Schedule to that Act. These functions are
executively devolved (by virtue of SI 1999/1750). The Scottish Parliament’s consent will
therefore be required in so far as clause 115 alters the Scottish Ministers’ existing feecharging functions in respect of club approvals and museum firearms licences.
http://www.legislation.gov.uk/ukpga/1988/45/contents
37.
It is recommended that the Scottish Parliament consent to the UK Parliament
legislating in this area because it provides a consistent framework throughout Great Britain
and provides for an appropriate contribution towards the costs of determining applications
under the firearms legislation.
Consultation
38.
The following aspects of the Bill have been, or are due to be, the subject of
consultation activity:
Police maritime powers
39.
These provisions do not raise any significant or sensitive policy issues. They are
consistent with the position regarding cross-border pursuit powers on land. They are also
consistent with the reciprocal cross-border maritime enforcement powers in the Modern
Slavery Act 2015, for which the Scottish Parliament passed a Legislative Consent Motion
on 15 January 2015. Scottish Government officials have discussed these provisions with
Police Scotland, who have raised no issues.
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Cross-border powers of arrest
40.
The gap in cross-border arrest provisions was raised by Police Scotland. The
provisions themselves were prepared and tabled as amendments at short notice so it was
not possible to consult on them in advance. Scottish Government officials are now
engaging with stakeholders to gather views on the provisions, with a view to raising any
issues with UK government before the Bill is considered in the House of Lords.
Restoring littering powers of Scottish local authorities under sections 92, 93 and 94 of the
Environmental Protection Act 1990
41.
This provision simply restores powers which were repealed in error. Therefore
consultation is not necessary.
Firearms
42.
The Home Office has not yet consulted on the level of fees to be proposed.
Financial Implications
43.
The financial implications associated with the relevant provisions contained within
the Bill are as follows:
Police maritime powers
44.
These provisions do not have any significant financial implications.
Cross-Border powers of arrest
45.
There will be resource implications for Police Scotland in dealing with arrests made
under this new power but these should not be significant. It is only intended to be used for
a small number of serious, urgent cases. Defining the list of serious offences for which the
new power of arrest can be used will determine how small that number is likely to be.
Restoring littering powers of Scottish local authorities under sections 92, 93 and 94 of the
Environmental Protection Act 1990
46.
As this provision restores the status quo there are no new financial implications.
Firearms
47.
The proposal to introduce a new fee for authorities under section 5 of the Firearms
Act 1968 is an enabling provision. The level of fees will be set out in regulations made by
the Secretary of State. These have yet to be proposed or consulted on. It is therefore not
yet possible to assess the costs to individuals or businesses or the contribution which the
fee may make towards the cost of processing applications under section 5 of the Firearms
Act 1968.
48.
The potential costs or benefits of the remaining provisions in Part 6 of the Bill are
not known, but are not expected to be significant.
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Legislative consent motion
49.
The Scottish Government continues to undertake detailed scrutiny of the Policing
and Crime Bill and is currently seeking further assurances and adjustments in respect of
this legislation in relation to cross-border powers of arrest. A number of those adjustments
relate to amendments brought forward on 6 June without sufficient opportunity for the
Scottish Ministers to consider their content.
50.
Any further Legislative Consent Motion will reflect the outcome of further dialogue in
respect of these matters and will cover all aspects of the Bill, both financial and nonfinancial, which require the Scottish Parliament’s consent. If the Scottish Ministers are
satisfied with UK Government amendments in relation to cross-border powers of arrest it
will recommend that the Parliament agrees to give legislative consent. In the meantime,
and in line with Standing Orders Rule 9B.3(3)(c), the Scottish Government provides the
following draft motion to illustrate its position as set out in this memorandum
“That the Parliament agrees that the provisions of the Policing and Crime Bill,
introduced in the House of Commons on 10 February 2016, so far and as long as
they are amended to satisfactorily reflect representations made by the Scottish
Ministers, where these matters fall within the legislative competence of the Scottish
Parliament or alter the legislative competence of the Parliament or the executive
competence of the Scottish Ministers, should be considered by the UK Parliament.”
Conclusion
51.
It is considered that the Policing and Crime Bill has the potential to deliver a number
of benefits for Scotland. It is, however, clear that in order for those benefits to be realised,
the UK Government must strengthen its efforts to engage with the Scottish Government
and Scottish Parliament to agree further improvements.
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ANNEXE B
DRAFT Call for written evidence a on a Legislative Consent Memorandum on the
Policing and Crime Bill
The Scottish Government lodged a Legislative Consent Memorandum (LCM) on 23 June
2016 for the Policing and Crime Bill.
The LCM explains why the Scottish Government would like the Scottish Parliament to give
consent to the Westminster Parliament to legislate in certain areas and to make changes
to the powers of the Scottish Ministers in relation to competence.
The Justice Committee must report on the LCM and would very much like to hear the
views of experts and stakeholders on the proposed legislation, to inform Parliamentary
scrutiny.
The LCM
The areas of the Bill which require the consent of the Scottish Parliament are set out below




Police Maritime Powers: These provisions seek to bring cross-border maritime hot
pursuit arrangements in line with similar situations on land.
Cross Border Powers of Arrest: The cross border arrest provisions seek to close
a small but significant gap in cross border arrest powers. New powers will only be
used in a small number of serious cases where the urgency of the situation means
that it is not possible to wait until the person can be arrested under warrant or by
police from the investigating jurisdiction.
Restoration of Littering Powers: These provisions seek to reinstate aspects of
Scottish littering legislation which were erroneously repealed by the UK
Government.
Firearms: The introduction of a fee for section 5 firearms authorities seeks to bring
it in line with the licensing of other firearms. The Scottish Government’s executive
powers are extended in that they are given a new power to levy the fee.
Call for evidence
The Committee would like to hear the views of stakeholders on the LCM. It would be
helpful if comments could be broken down by reference to each of the four areas listed
above. The Committee does not expect stakeholders to necessarily comment on all parts
of the LCM.
The Committee would like to receive views on:


The devolved areas in which the UK Government proposes to legislate
The extent to which the executive competence of the Scottish Ministers will be
altered by the provisions in the Bill.
The deadline for submissions is 5.00pm on Friday 12 August 2016.
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Procedure
The Parliamentary Business Bureau will assign the LCM to a Committee. It is anticipated
that the Bureau will refer the LCM to the Justice Committee as the lead Committee. The
Committee will consider the LCM and report to Parliament, which will then vote upon a
legislative consent motion on whether to agree to the Westminster Parliament legislating
on its behalf. The Scottish Parliament must vote on the motion before the last amending
stage of the Bill at Westminster.
More information on the LCM procedure can be found here:
http://www.scottish.parliament.uk/parliamentarybusiness/Bills/31308.aspx
How to submit your evidence
Written submissions should be in MS Word or similar word processing format, and should
be no longer than 4 sides of A4. If your submission is longer than this, please provide a
short summary of the main points. Submissions should be set out in numbered
paragraphs. If a submission refers to existing published material, it is preferable to provide
hyperlinks rather than extensive extracts.
Before making a submission, please read the Parliament’s policy on treatment of written
evidence by subject and mandatory committees.
If possible, written submissions should be submitted electronically by email to:
[email protected]
Hard copy written submissions should be sent to:
Justice Committee Clerks
Room T2.60
Scottish Parliament
Edinburgh
EH99 1SP
Contact
Any queries about written submissions should be addressed in the first instance to the
Justice Committee clerking team at the above email address or on 0131 348 5047.
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