Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011

First, I thank the noble Lord, Lord McAvoy, for his generous remarks. Indeed, it helps the Committee’s consideration of these orders to work if there is an exchange of information. The noble Lord asked about guidance, picking up the points made by his illustrious successor representing the Royal Borough of Rutherglen, Mr Greatrex. The position is that the Scottish Government have published guidance on all the forensic data provisions of the 2010 Act, including Section 82, which is the section that gives rise to this part of the order. The Home Office and the Government are in the early stages of working with the relevant law enforcement authorities to develop specific guidance in the forensic data matters arising from the Protection of Freedoms Bill and indeed the wider use of forensic data. My right honourable friend the Parliamentary Under-Secretary of State in the Scotland Office, Mr Mundell, has written to Mr Greatrex confirming that, "““the Home Office and the Scottish Government are working with the relevant law enforcement authorities (including the Serious Organised Crime Agency and HM Revenue and Customs) with ""the intention of developing specific guidance on forensic data matters arising from both the Protection of Freedoms Bill””—" which is currently before the other place— "““and the wider use of forensic data. Part 1 of the Schedule to the Criminal Justice and Licensing Section 104 Order amends the””," Criminal Justice Act 1995 in Scotland, "““to avoid operational confusion and ensure that there is a clear legal basis for the retention and use of forensic data in Scotland for both reserved and devolved purposes””." The Protection of Freedoms Bill will also impact on this area because of the, "““provisions in Scotland under the Criminal Procedure (Scotland) Act 1995””," as amended by the Act that triggers this order. The other point that Mr Greatrex raised related to the foreign travel orders. My right honourable friend’s letter says: "““the latest version of guidance produced by the Association of Chief Police Officers in Scotland … relative to the management of registered sex offenders is subject to continual monitoring and review in light of developments in the law and in policy and practice””." My right honourable friend is advised that, "““This guidance is currently being amended to take account of the amendments made to the … regime””," as a result of the primary legislation this order. I understand that the guidance will be made available to the police in good time. I hope that that gives an explanation to the points raised by the noble Lord, and I commend the order to the Committee. Motion agreed.