Children and Young Persons

Carol Monaghan Excerpts

Monday 1st March 2021 Commons Chamber

[Carol Monaghan (Glasgow North West) (SNP) [V]]

The regulations relate to the Education Act 2002 and the Electronic Commerce Directive (Adoption and Children Act 2002) Regulations 2005. The Education Act 2002 relates wholly to England and Wales, and therefore does not affect devolved interests. As regards the 2005 regulations, which relate to adoption offences, the proposed statutory instrument removes the EU reciprocal arrangement. With this SI, any non-UK online service provider operating a service in Scotland would be prosecuted in accordance with the law applicable in Scotland. [Inaudible.]

[Mr Deputy Speaker (Mr Nigel Evans)]

Can you hear me Carol? I am afraid that we have lost your audio. I call Jim Shannon, and then we will go back to Carol Monaghan.

--- Later in debate ---

[Mr Deputy Speaker (Mr Nigel Evans)]

Let us see whether we can get Carol back. Carol, can we try now?

[Carol Monaghan [V]]

Thank you, Mr Deputy Speaker. I am not entirely sure how far we got, so I will start at the point I think I had reached. This SI would mean that any non-UK online service provider operating a service within Scotland would be prosecuted in accordance with the law applicable in Scotland. The result is that prosecution of activities within Scotland will be governed by the Adoption and Children Act 2002, and the Adoption and Children (Scotland) Act 2007. This issue involves devolved and reserved matters, We agree with the general policy rationale, so we will not oppose the regulations this evening, but the Scottish Government should have had their consent sought, even if they had indicated that they supported the policy principles and would likely have granted consent.

Why have the UK Government not requested that consent? In light of the lack of such a request, will the Minister confirm that the effect of the regulations in Scotland will be consigned only to the regulation of non-UK online service providers and activities in Scotland, as relates to the Adoption and Children Act 2002, and the Adoption and Children (Scotland) Act 2007?

[Mr Deputy Speaker]

I am pleased that we could get back to you, Carol. We saw and heard you loud and clear.