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Police Crime Sentencing and Courts Bill - Extraction of information from electronic devices

Letter from the Rt Hon Kit Malthouse MP Minister of State for Crime, Policing and Probation to the Convener, 17 November 2021

Dear Stuart

Thank you for your letter of 29 October in respect of your role as Convener of the Scottish Parliament’s Delegated Powers and Law Reform Committee on the powers contained in clauses 40 – 42 of the Police, Crime, Sentencing and Courts Bill.

The aim of the powers in Chapter 3 of Part 2 is to ensure consistency of approach in the practice of extracting information from electronic devices with the agreement of a device user. It is therefore appropriate that the Secretary of State can introduce a code of practice that covers all users of the powers, wherever they are used in the UK. Clause 40(2) ensures that the Scottish Government will be formally consulted in preparation of this code and any future revisions.

We have given a further commitment to Minister Brown that we will continue to consult with Scottish Government Officials as we revise the draft code over the coming months. We have also consulted with officials in the Scottish Government on the powers contained in clause 41 relating to confidential information regulations to ensure they work as intended in Scotland. You may be aware that the House of Lords Delegated Powers and Regulatory Reform Committee (DPRRC) made a recommendation relating to the power in clause 41 in their report on the PCSC Bill which we are considering.

We want to ensure that Scottish Ministers can consider which bodies with devolved functions should be able to use these powers and have put forward amendments to the Bill that will require the Secretary of State to consult Scottish Ministers whenever a body with devolved functions is added to or removed from Schedule 3 as permitted in clause 42. These amendments were made at Lords Committee stage.

Rt Hon Kit Malthouse MP Minister of State for Crime, Policing and Probation