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Delegated powers relevant to Scotland in the Police Crime Sentencing and Courts Bill

Letter to the Rt Hon Dominic Raab MP from the Convener. 29 October 2021

Dear Mr Raab,

I am writing to you in my role as Convener of the Scottish Parliament’s Delegated Powers and Law Reform Committee. At its meeting on 28 September, the Committee considered the delegated powers relevant to Scotland in the Police, Crime, Sentencing and Courts Bill as referred to in the Legislative Consent Memorandum lodged by the Scottish Government on 6 August 2021. The Committee has since published its report on this LCM:

Legislative Consent Memorandum: delegated powers relevant to Scotland in the Police, Crime, Sentencing and Courts Bill

The Committee noted that clauses 40 to 42 include provision conferring three powers on UK Ministers in partially devolved areas regarding the extraction of information from digital devices.

The Scottish and UK Governments have agreed that these provisions require the consent of the Scottish Parliament, although it appears from the LCM that the Scottish Government does not currently recommend that consent is given for any of these provisions. The Scottish Government’s stated intention is to bring forward a supplementary LCM following further negotiations to ensure the Bill takes account of Scotland’s distinct position with respect to investigation of deaths.

The Committee agreed to write to you to ask why equivalent powers for Scotland in relation to clauses 40 to 42 have not been provided in the Bill. 

I would be grateful if you were able to provide a response to each question by Friday 19 November 2021.

I am copying this letter to the Convener of the Scottish Parliament’s Criminal Justice Committee.

Yours sincerely,

Stuart McMillan MSP
Convener of the Delegated Powers and Law Reform Committee