Justice Committee

Meeting date: Tuesday, October 23, 2012

Official Report 546KB pdf

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Subordinate Legislation

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Criminal Justice and Licensing (Scotland) Act 2010 (Incidental Provisions) Order 2012 [Draft]

Item 3 is consideration of an affirmative Scottish statutory instrument. We have the opportunity to take evidence from the Minister for Community Safety and Legal Affairs and her officials on the order before formally debating the motion to approve it under the next item. The Subordinate Legislation Committee has not drawn the Parliament’s attention to the order on any grounds that are within its remit.

I welcome to the meeting Roseanna Cunningham, the Minister for Community Safety and Legal Affairs, and Peter Reid, from the criminal law and licensing division of the Scottish Government. Cabinet secretary, I invite you to make an opening statement, if you wish.

Thank you for the promotion, convener, but—

Oh! I am not having a good day, minister. I have also had Graeme Pearson being Graeme Dey. I will have to keep taking the pills.

Thank you anyway, and thank you to the committee for inviting me to speak about the draft order that has been laid for Parliament’s approval. The order is made under section 204 of the Criminal Justice and Licensing (Scotland) Act 2010, which allows for such ancillary amendments to be made. However, any such amendments are subject to the affirmative procedure, hence my appearance before the committee today.

The order amends section 179 of the 2010 act to update the definition of “disabled person”. When the act was passed in the Scottish Parliament, it made use of the definition of “disabled person” that was provided by the Disability Discrimination Act 1995. However, after the 2010 act gained royal assent—this is a bit confusing—the Disability Discrimination Act 1995, on which we had based our drafting of the 2010 act, was repealed. This order therefore makes use of the definition that was subsequently provided by section 6 of the Equality Act 2010, which is of course not in our original legislation.

The order will allow the Scottish Government to proceed to commence section 179 of the Criminal Justice and Licensing (Scotland) Act 2010 on alcohol licensing, which will introduce a requirement for applicants for a new premises licence to provide a disabled access and facilities statement. That provision was proposed by a private individual, Mark Cooper, and by Capability Scotland, and it was introduced into the Criminal Justice and Licensing (Scotland) Bill at stage 3 by a previous member of the Scottish Parliament, George Foulkes, with support from across the chamber. Therefore, this is not in the slightest bit controversial from a political point of view. It really is just a technicality, because we got caught between the repeal of one piece of Westminster legislation and the enactment of a new piece of Westminster legislation, which meant that we were stuck with a definition from the repealed legislation.

I recommend that the committee support the instrument and recommend to the Parliament that it should vote to approve it.

What changed in the definition of “disabled person”? Was it a significant change?

It is just that the reference, which was originally to “disabled person” as defined in the Disability Discrimination Act 1995, has changed to a reference to the Equality Act 2010.

So there is no change to the definition.

The definition of disability has not changed; it is just that the phraseology that we have to use has to change.

It is just the reference that must change—I understand.

It is just a technicality. Our legislation provided that this kind of thing would have to come back as an affirmative instrument, but it is of course not particularly controversial or problematic.

I am just clarifying that there is no change in the definition of “disabled person” but there is a change in the reference to legislation.

Yes.

Thank you. I invite the minister—not cabinet secretary yet, but who knows?—formally to move the motion.

Motion moved,

That the Justice Committee recommends that the Criminal Justice and Licensing (Scotland) Act 2010 (Incidental Provisions) Order 2012 [draft] be approved.—[Roseanna Cunningham.]

Motion agreed to.

As usual, the committee is required to report to the Parliament on the affirmative instrument. Are members content to delegate authority to me for the final wording of the brief report?

Members indicated agreement.