Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007

rose to move, That the Grand Committee do report to the House that it has considered the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007. The noble Lord said: This order is made under Sections 30(3) and 63 of the Scotland Act. It was laid before both the UK and Scottish Parliaments on 20 June. Section 63 of the Scotland Act allows for the transfer to Scottish Executive Ministers of functions that are exercisable in or as regards Scotland. This is commonly known as executive devolution. Since 1999, 14 orders have been made under Section 63 of the Scotland Act. These orders demonstrate the Government’s pragmatic approach to the devolution settlement and the flexibility contained in the Scotland Act. In certain circumstances, there will be a case for functions to be exercised by the Scottish Executive Ministers where the subject matter remains the responsibility of this Parliament. Each case is examined on its merits to ensure that functions are exercised at the appropriate level. In 2000, this Parliament passed the Regulation of Investigatory Powers Act, otherwise known as RIPA, which governs the use of surveillance and information-gathering to help prevent crime. The 2000 Act sets out a series of safeguards and procedures for the use of covert surveillance and the interception of communications. While the interception of communications remains a reserved matter, in Scotland the issuing of warrants to authorise the interception of communications under RIPA was devolved to the Scottish Executive Ministers in 2000. These functions were transferred to the Scottish Executive Ministers by way of an order made under Section 63 of the Scotland Act. A further order was made in 2003, which executively devolved the power to issue warrants in accordance with international mutual assistance agreements under the 2000 Act. Under RIPA, warrants may be issued to enable UK law enforcement agencies to seek assistance from other agencies in Europe with the interception of telecommunications outside the UK. Since the order was made in 2003—this is the point of the order—two new agencies have become operational: the Scottish Crime and Drug Enforcement Agency and the Serious Organised Crime Agency. The order before us will allow the Scottish Executive Ministers to issue warrants to the new agencies in accordance with international mutual assistance agreements under the 2000 Act. The effect of the order will be that the Scottish Crime and Drug Enforcement Agency and the Serious Organised Crime Agency will be able to apply directly to the Scottish Executive Ministers for interception warrants, just as other law enforcement agencies in Scotland can. On a technical note, to facilitate the transfer of functions under Section 63 of the Scotland Act, it is necessary to specify which functions of the 2000 Act are exercisable in or as regards Scotland. Section 30(3) of the Scotland Act provides that Her Majesty may by Order in Council specify which functions are to be treated as exercisable in or as regards Scotland. The order will specify the aforementioned functions as being exercisable in or as regards Scotland so that they may be transferred to the Scottish Executive Ministers. We believe that the order is a sensible use of the powers in the Scotland Act and the result is about the practical allocation of executive functions across the United Kingdom. I beg to move. Moved, That the Committee do report that it has considered the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2007. 21st report from the Statutory Instruments Committee.—(Lord Evans of Temple Guiting.)