After section 24

International Criminal Court (Scotland) Bill: Stage 3 – in the Scottish Parliament at 10:30 am on 13 September 2001.

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Photo of Patricia Ferguson Patricia Ferguson Labour 10:30, 13 September 2001

Amendment 45, in the name of the Minister for Justice, is grouped on its own.

Photo of Iain Gray Iain Gray Labour

Like amendment 44, amendment 45 is a technical amendment. It is necessary to ensure that when an ICC prisoner is finally released by order of the ICC, he or she will not remain subject to any transfer directions and restriction directions that may have been ordered under the Mental Health (Scotland) Act 1984.

I move amendment 45.

Photo of Lord James Selkirk Lord James Selkirk Conservative

We support the amendment. It ensures that the transfer restrictions relating to a person with mental health problems would be removed at the end of a sentence. At the end of their sentence, the person will almost certainly be deported. Persons who are resident in Scotland will be tried under Scots law. If the person was not resident in Scotland, he or she might have been tried by the international criminal court, but could have served the sentence in Scotland. This is a welcome amendment.

Amendment 45 agreed to.