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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 16 December 2025
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Displaying 1184 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Katy Clark

My first question earlier on, however, was to ask whether you had the opportunity to consider what the DPLR Committee report said. My understanding is that you feel that you have had that opportunity. I am now asking whether you have had the opportunity to consider the particular point that was made about the drafting being wider than the policy intent. I am quite happy for an official to be brought in on that technicality, if that would be helpful.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Katy Clark

Given the nature of the issue, it would be helpful to get on record the Scottish Government position.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Katy Clark

When you refer to section 3AA, are you referring to the instrument or to the 1993 act?

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Katy Clark

We have been told that, in France, the number of sex workers murdered seems to have been atypically high in the space of time immediately after the introduction of similar legislation. I am putting to you some of the things that are being said. Have you looked into that, and what is your response? Do you think that there is anything in that? You have mentioned France as one of the systems that you have looked at.

Criminal Justice Committee [Draft]

Pre-budget Scrutiny 2026-27

Meeting date: 26 November 2025

Katy Clark

We might have a time problem, but perhaps I could ask a follow-up question on alternatives to custody and the role of local government.

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Katy Clark

That would be helpful, or perhaps you could share it with the committee later.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Katy Clark

I am a member of the Delegated Powers and Law Reform Committee, and we discussed the issue at great length yesterday. We were looking at it from a technical rather than a policy point of view, so my questions will relate to the technicalities rather than to the policy. It was concerning that there were a number of grounds on which issues were raised about the way that the SSI has been drafted—those were not in any way to do with the policy intent.

Given that the issue was discussed only yesterday in the Delegated Powers and Law Reform Committee, I suspect that the cabinet secretary may not have had the opportunity to read the report, because it has just been published. I do not know what discussions have been taking place behind the scenes, but it seems regrettable that the Scottish Government has drafted the statutory instrument in the way that it has done, if it was possible to obtain the same policy outcome in a different way.

The committee concluded that

“the creation by subordinate legislation of a new power to make subordinate legislation is unusual, and is generally undesirable because Parliament is unable to scrutinise and amend the proposal in the way it would if proposed in a bill.”

It also concluded that

“using an ancillary power to create a new power to make subordinate legislation is particularly unusual”.

It made that point in a number of ways at a number of points in the report in relation to different aspects of the drafting. Has the cabinet secretary had the opportunity to look at the issue properly, given the timescales?

This is not about the Scottish Government’s policy intent—it is just about the drafting. If it was possible for the legislation to be drafted in a different way, that would seem to be preferable.

Criminal Justice Committee [Draft]

Prostitution (Offences and Support) (Scotland) Bill: Stage 1

Meeting date: 26 November 2025

Katy Clark

If we take women working on the street, who I think you would agree are a more vulnerable group, some of the evidence seems to suggest, or some people are arguing, what you are proposing gives women in that situation less time to negotiate and to check. That is presumably an argument that you have had put to you. What is your response to that? Why are we are being told that?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Katy Clark

If concerns are being raised with the drafting and, indeed, with the legality of the SSI and whether there is a gap between the policy intent and the drafting, it is appropriate that the Scottish Government—

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Katy Clark

Is that something—