Crime and Security Bill – in a Public Bill Committee at 2:30 pm on 4 February 2010.
This amendment alters the substituted paragraph 14B(5) of Schedule 8 to the Terrorism Act 2000 to provide that the destruction regime in that paragraph ceases to have effect in relation to the material if the person is convicted of an offence in Scotland which is punishable by imprisonment.
Amendment 115, in clause 16, page 50, line 12, after Ireland, insert , or
( ) an offence in Scotland which is punishable by imprisonment,.
This amendment alters the substituted paragraph 14C(5) of Schedule 8 to the Terrorism Act 2000 to provide that the destruction regime in that paragraph ceases to have effect in relation to the material if the person is convicted of an offence in Scotland which is punishable by imprisonment.
Amendment 116, in clause 16, page 51, line 12, after Ireland, insert , or
( ) an offence in Scotland which is punishable by imprisonment,.
This amendment alters the substituted paragraph 14D(5) of Schedule 8 to the Terrorism Act 2000 to provide that the destruction regime in that paragraph ceases to have effect in relation to the material if the person is convicted of an offence in Scotland which is punishable by imprisonment.
Amendment 117, in clause 16, page 52, line 6, after Ireland, insert , or
( ) an offence in Scotland which is punishable by imprisonment,.
This amendment alters the substituted paragraph 14E(5) of Schedule 8 to the Terrorism Act 2000 to provide that the destruction regime in that paragraph ceases to have effect in relation to the material if the person is convicted of an offence in Scotland which is punishable by imprisonment.
Amendment 118, in clause 16, page 52, line 11, after offence,, insert or
( ) in Scotland of an offence which is punishable by imprisonment,.
This amendment alters what is meant by no previous convictions in the new destruction regime under paragraphs 14B to 14E of Schedule 8 to the Terrorism Act 2000. The regime will not apply where a person has a conviction for an offence in Scotland which is punishable by imprisonment.
Amendment 119, in clause 16, page 52, line 12, leave out so.
This amendment is consequential on the policy in amendment 118 that a conviction for an offence in Scotland which is punishable by imprisonment allows for indefinite retention of material held under the Terrorism Act 2000; it differentiates the different concepts used in the law in England and Wales.
Amendment 121, in clause 16, page 52, line 27, after caution, insert
in England and Wales or Northern Ireland. (Mr. Hanson.)
With this it will be convenient to discuss the following: Government amendments 40 to 44, 123, 122 and 124 to 127.
Government new clause 19Material subject to the Criminal Procedure (Scotland) Act 1995.
Government new clause 20Material subject to the Terrorism Act 2000 (Scotland).
Government new clause 21Material subject to the Counter-Terrorism Act 2008 (Scotland).
The amendments relate to the introduction of regimes for the destruction of fingerprints and DNA material. Amendments 39 to 44 cover materials subject to the Terrorism Act 2000 and correct drafting errors in the Billsadly, it does occasionally happen. New clauses 19 to 21 relate to the same subject: the applicability of the proposed regimes for the retention, destruction and use of relevant physical data and DNA material in Scotland under the Criminal Procedure (Scotland) Act 1995, the Terrorism Act 2000 and the Counter-Terrorism Act 2008. The new clauses deal with the extension of the scheme to samples taken in Scotland, which it was not possible to achieve before we introduced the Bill.
The Minister has explained that the amendments extend the ambit to Scotland. It would be helpful to have confirmation on the record that the Government discussed the provisions with the Scottish Government. What was the nature of those arrangements?
I confirm that discussions have been undertaken and that the Scottish Government are content.