Section 25 — Application for removal from list

Part of Protection of Vulnerable Groups (Scotland) Bill: Stage 3 – in the Scottish Parliament at 9:16 am on 8th March 2007.

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Photo of Iain Smith Iain Smith Liberal Democrat 9:16 am, 8th March 2007

The issue has exercised me throughout our consideration of the bill, and I am still not entirely convinced that the wording that the minister has come up with is entirely clear and that no areas of doubt exist.

Section 25(3) states:

"An application for removal from the list is competent only if ... it is made after the end of such period as may be prescribed (beginning on such date as may be prescribed)".

I am still not entirely clear how amendment 29 relates to the words

"such date as may be prescribed".

The problem is that one may want to consider the date on which an offence was committed, rather than when the person was convicted, given that there could be a considerable time lapse between those two dates. If two people were in similar circumstances but one person was convicted more quickly than the other, the person who was convicted more quickly would be able to apply for removal from the list more quickly. There seems to be an inconsistency. I am not sure how one would apply the provisions in the section and the amendment to a time period and a

"date as may be prescribed".

Perhaps the minister will clarify the matter.