Draft Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021

Sally-Ann Hart Excerpts

Wednesday 1st December 2021 General Committees

[Iain Stewart]

I thank the colleagues who have spoken; let me pick up on the questions that have been raised. First, on the time that this has taken and any further potential moves: the 2019 Act contains a three-year review period from the date it took effect. That review period will cover many of the points made by the hon. Member for Edinburgh South. A part of the UN Charter Bill was deemed by the Supreme Court to be outwith the competence of the Scottish Parliament; discussions are still happening as to how the measure, as amended, can be taken forward.

Of course we have discussed with both Governments, and with Police Scotland, the potential impact of the order, but we are talking about a very small number of cases each year that do not impose a huge additional workload on anyone. Obviously, if that were to change we would look at the measures. However, the purpose is to avoid loopholes and potential unintended consequences, and to make the operation smoother.

The three-year review period also covers the points made by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, who probably has the prize for the most difficult constituency name—although the hon. Member for Coatbridge, Chryston and Bellshill comes in a close second. This has been a product of close co-operation between the two Governments.

The first point that my hon. Friend the Member for Wycombe raised about the general impact on the future prospects of a young person is a matter for the Scottish Government. The purpose of having the independent reviewer is to look at each case on its own merits and make an appropriate judgment as to what the future disclosures should be.

My hon. Friend’s second point, on the destruction of prints and samples, is something we have constantly under review. I point my hon. Friend to paragraph 14(7), which defines a maximum retention period of six months from the day on which the data sample was taken. I hope that provides him with some reassurance; he can get his gold star from the Hansard Society for asking a good question.

In conclusion, this measure commands cross-party support and I am grateful to colleagues for their contributions and questions today. I commend the draft order to the House.

[Sally-Ann Hart (Hastings and Rye) (Con)]

rose—

[The Chair]

I apologise to the hon. Lady. She did not indicate that she wanted to speak before I had asked the Minister to wind up, as is normal practice.

[Sally-Ann Hart]

I just wanted to clarify something. I know the age of criminal responsibility in England and Wales is 10, so I was a bit confused about lifting it up to 12. It is something we can discuss afterwards.