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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 5 May 2021
  6. Current session: 12 May 2021 to 29 November 2024
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Displaying 2943 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Audrey Nicoll

Thank you, minister. We have had a good range of questions and responses. I will pick up on a couple of points before we move on. We would welcome any feedback that you can provide on charges arising from assaults on emergency workers. That would be helpful for the committee in keeping track of the situation.

Section 41 of the 2022 act gives a constable power to detain a person for the purposes of search, but it does not appear to cover a further ban on entry to a ground. Could you write to us on those entry issues and on whether it might be appropriate to have a ban on entry after someone has been found to be in possession of a pyrotechnic article?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Audrey Nicoll

Are members content to delegate to me the responsibility for producing a short factual report detailing our consideration of the SSI?

Members indicated agreement.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Audrey Nicoll

Our next agenda item is consideration of the negative instrument associated with the affirmative instrument that we have just considered. I refer members to paper 3.

As it seems that members have no additional questions, are we content to make no recommendation to the Parliament on the instrument?

Members indicated agreement.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Audrey Nicoll

That is helpful. Just to follow up, I would like to know whether, once the provision is in place, in June, there will be a piece of work to monitor potential incidents in smaller venues and to respond accordingly if that is proving to be problematic. However, I appreciate your response.

I will open up the discussion to members.

09:45  

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Audrey Nicoll

Thank you.

Minister, I invite you to move motion S6M-08408.

Motion moved,

That the Criminal Justice Committee recommends that the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Consequential Modifications, Saving and Transitional Provisions) Regulations 2023 [draft] be approved.—[Siobhian Brown]

Motion agreed to.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Audrey Nicoll

Thank you, minister. That was very helpful. We will move to questions.

One or two members want to come in, but I wonder whether I can kick off—pardon the pun—by asking about the designation of a music or sporting event. The definition in the second instrument includes reference to an event venue that has

“capacity for 1,000 or more attendees”.

Could there be issues around the use of pyrotechnics at a venue that has a smaller capacity than that, such as a smaller football ground? Up in the north-east, we have quite a number of small football teams. I am not suggesting for one moment that they have an issue with pyrotechnics, but, technically, there could be an issue in a smaller venue. Has there been any consideration of venues that have a capacity of fewer than 1,000 attendees?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Audrey Nicoll

Thank you.

Jamie Greene has a quick question.

Criminal Justice Committee

Decision on Taking Business in Private

Meeting date: 3 May 2023

Audrey Nicoll

Good morning, and welcome to the 13th meeting in 2023 of the Criminal Justice Committee. We have received apologies from Pauline McNeill this morning.

Our first item of business is consideration of whether to take item 6, on our approach to legislation, in private. Do we agree to take that item in private?

Members indicated agreement.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Audrey Nicoll

I thank members, the minister and her officials for their time. That concludes our business in public, and we now move into private session.

10:18 Meeting continued in private until 12:42.  

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Audrey Nicoll

Our next item of business is an oral evidence session on the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Consequential Modifications, Saving and Transitional Provisions) Regulations 2023. This affirmative instrument, along with the negative instrument that we will consider later in the meeting, forms a package of Scottish statutory instrument that brings certain provisions of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 into force. We will also take this opportunity to consider correspondence from the Minister for Victims and Community Safety on the timetable for the implementation of the remaining provisions of the 2022 act.

I welcome to the meeting Siobhian Brown MSP, the Minister for Victims and Community Safety, and, from the Scottish Government, Ms Mary Hockenhull, safer communities policy; Fiona McDiarmid, unit head, building safer communities; and Clare McKinlay, solicitor.

I take the opportunity to welcome Ms Brown to her new role. I refer members to committee papers 1 and 2, and I invite the minister to speak to the affirmative instrument.