Legislative Consent Memorandum
Serious Crime Bill (2)
1. The Cabinet Secretary for Justice invites the Parliament to note that the Executive does not intend to lodge a Legislative Consent Motion to seek consent for certain provisions of the Serious Crime Bill which would legislate in devolved areas. This Bill was introduced in the House of Lords on 16 January 2007.
Background
2. This Memorandum has been lodged by Kenny MacAskill MSP, Cabinet Secretary for Justice, under Rule 9B.3.1(c) of the Parliament's Standing Orders. The Serious Crime Bill can be found at:
http://www.publications.parliament.uk/pa/pabills/200607/serious_crime.htm
3. The Bill will:
- introduce Serious Crime Prevention Orders (SCPOs), a new type of civil order capable of being imposed against individuals or organisations, covering a wide range of potential prohibitions or requirements;
- provide for the merger of the Assets Recovery Agency with the Serious Organised Crime Agency;
- put in place a statutory mechanism to enable public sector bodies to share information between themselves and with the private sector on suspected frauds;
- place the Audit Commission's National Fraud Initiative, which matches data across a range of public sector bodies to identify fraud, on a statutory footing and expand its scope;
- create new offences of encouraging or assisting crime to plug perceived gaps in criminal law;
- make amendments to the Proceeds of Crime Act 2002; and
- make HM Revenue & Customs' surveillance powers available against a wider range of serious criminal activity in order to combat serious organised crime that is targeting the tax and tax credit systems
4. A Legislative Consent Memorandum and Motion in respect of the Bill were considered by the Justice 2 Committee and the Parliament in January and February 2007. Details of the proceedings can be found at-
http://www.scottish.parliament.uk/business/legConMem/LCM-2006-2007/seriouscrimeBill.htm
5. The Parliament agreed the following motion:
S2M-5671 Serious Crime Bill - UK Legislation-
That the Parliament endorses the principle that the offence of breaching a Serious Crime Prevention Order should be extended to Scotland and that amendments to the Proceeds of Crime Act 2002 relating to the use of force in executing search warrants in Scotland under section 387 of that Act and the extension of production orders and search warrants to include cash seizures as set out in the Serious Crime Bill, introduced in the House of Lords on 16 February 2007, should be considered by the UK Parliament.
Subsequent developments
6. Amendments were made to the Bill at Report stage in the House of Lords on 30 April, against the advice of the Government, which resulted in the addition to the Bill of clause 78 (power to search for firearms).
Clause 78 Power to search for firearms
If a police constable has reason to believe that a person or persons in a particular area may be carrying firearms, he may arrange-
(a) for that area to be sealed off; and
(b) for the searching of any people or vehicles in that particular area for firearms, by whatever means he considers appropriate."
7. Clause 78 extends to Scotland and relates to devolved matters. Its continued inclusion in the Bill would require the consent of the Scottish Parliament in line with the convention.
Why no Legislative Consent Motion is being lodged
8. The Scottish Executive considers that there are already sufficient police powers in Scotland, and that it is not appropriate for the clause to extend to Scotland.
Scottish Executive
June 2007