Equalities, Human Rights and Civil Justice Committee
Meeting date: Tuesday, December 14, 2021
Official Report 566KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Subordinate Legislation
- Women’s Unfair Responsibility for Unpaid Care and Domestic Work
Subordinate Legislation
Age of Criminal Responsibility (Scotland) Act 2019 (Supplementary Provision) (Jurisdiction) Regulations 2021 (SSI 2021/420)
Age of Criminal Responsibility (Scotland) Act 2019 (Places of Safety) Regulations 2021 (SSI 2021/421)
Item 2 is consideration of two negative Scottish statutory instruments. I refer members to paper 1. Do members have any comments on either instrument?
I note that no children’s rights and wellbeing impact assessment was done on SSI 2021/420. I am keen to hear the reason for that. Perhaps the Government will address that at a future date.
In addition, given that the minimum age of criminal responsibility that will come into force this month is 12, it is interesting that the United Nations has said that 14 should be the minimum. I am keen to know why the Government has chosen a lower age.
Thank you for that. Those points are on the record.
Are there any further comments from members on the orders?
I welcome these negative instruments on the age of criminal responsibility. Last session, I was on the committee that took the Age of Criminal Responsibility (Scotland) Bill through the Parliament. It is a really good piece of legislation.
To pick up on Pam Duncan-Glancy’s point, at the time, there was a lot of discussion about whether the age of criminal responsibility should be higher, so the issue was looked at. The Scottish Government is committed to continuing to look at it, but it took the step at that point. Members should be aware that a lot of members who took that legislation through, including me, looked at making the age of criminal responsibility higher, in line with other European countries. We have an outstanding commitment from the Government to continue to look at that as the legislation comes into force and then develops.
Thank you.
As there are no further comments, and given those points, which are on the record, are members agreed that we will not make any formal comments to the Parliament on the instruments? No member has objected, so we are agreed.
That concludes our consideration of the SSIs.