Seòmar agus comataidhean

Prior to the launch of our consultationdocument, Blood testing following criminal incidents where there is a riskof infection, exchanges took place with the Canadian Professional Police Association,the Scottish Police Federation, the Information Commissioner, the Scottish CriminalRecord Office, the Scottish Prison Service, Her Majesty’s Inspectorate of Constabulary,the Association of Chief Police Officers in Scotland, Health Protection Scotland,Rape Crisis Scotland and the Judicial Studies Committee. The issues were also discussedat the 2004 International Law Enforcement Conference hosted by the Scottish PoliceFederation.

There was also regular contactbetween the Executive and the Parliament’s Public Petitions Committee,and the issues were debated in the Scottish Parliament on 20 February 2003, in thecontext of the proposed Amendment 76 to the Criminal Justice (Scotland) Bill.

Further discussions with particularstakeholder groups may take place in the light of responses now being received tothe consultation, to ensure that a wide range of views is taken into consideration.

For police officers, the Scottish Police Federation has advised that during the year 2003-04 there were 24 incidents (not all of them necessarily involving an alleged offence) following which police officers embarked on a course of post-exposure prophylaxis as a precaution against possible HIV infection. One officer is thought to have been infected with hepatitis B during that period, but none with HIV or hepatitis C.

Health Protection Scotland would keep records of any such incidents if brought to their attention by health boards. However, they are not aware of any cases over the last 12 months.

Notes:

1. The Executive contributes 87.35% to the total cost of the scheme.

2. Publicity and information costs relate to setting up and running the M74 completion website, public exhibitions (preparation of display material, hire of halls etc), production of brochures and advertising of statutory material.

3. Other costs principally relate to land purchase and compensation but also include ground investigation, archaeological surveys, topographical surveys and traffic surveys.

4. Spend in financial year to end March 2005 is estimated.

www.scotland.gov.uk/closingtheopportunitygap.

The Bill would give the Home Secretary regulated power to disclose information from the Register to the Scottish police for the prevention and detection of crime. Scottish Ministers recognise the need to ensure that Scottish police are not unduly hampered in their ability to prevent and detect serious crime. However, conferring power on a UK government minister to disclose information from a register established for intrinsically reserved purposes is outwith the competence of the Scottish Parliament.

In response to the recent suggestions that a Sewel motion is required in respect of clauses 17(6) and 18(4), both of which state “in this section ‘enactment’ includes an enactment comprised in an Act of the Scottish Parliament”, I can confirm that this is not the case. The references to ASPs reflect the fact that the Scottish Parliament would have power to require registration on the National Identity Register for devolved purposes. The provisions address the consequences that would flow from any such requirement.

Neither clause alters: devolved purposes; the legislative competence of the Parliament; or the executive competence of Scottish Ministers. No Sewel motion is therefore required.