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The Earl of Mar and Kellie: I note that Clause 58 constitutes a separate Bill for England and Wales,
so we must be careful what is tacked onto the back of this substantial Scottish Bill. I wish to put one question to the Minister. Subsection (1) provides that a police constable who has reasonable grounds for suspicion that a person in a public place is, first, under 18 and, secondly, has alcohol in his possession may require that person to surrender the alcohol to him. Then it quaintly states:
- "and may dispose of it in such manner as he considers appropriate; and he may also require that person to supply him with his name and address".
Lord Mackay of Drumadoon: He certainly has not committed an offence under this legislation. The offence created by subsection (3) is for a failure to comply with the requirement made out under subsections (1) or (2). Therefore, if one complies with the requirement there is no offence. Off the top of my head, I cannot be sure whether any other offence under the Licensing (Scotland) Act may have been committed too. I rather suspect that it may have been, depending upon where the public place may be. However, as regards this Bill, it is quite clear that if you comply with the requirement made by the police no offence has been committed.
Clause 62 [Short title, commencement and extent]:
Lord Mackay of Drumadoon moved Amendment No. 150C:
The noble and learned Lord said: I spoke to this amendment with Amendment No. 147A. I beg to move.
On Question, amendment agreed to.
[Amendment No. 151 not moved.]
Clause 62, as amended, agreed to.
Schedule 1 [Minor and Consequential Amendments]:
Lord Mackay of Drumadoon moved Amendment No. 152:
The noble and learned Lord said: In moving this amendment, I shall speak also to Amendments Nos. 153, 155 and 159. These are technical amendments which have no policy implications. I beg to move.
On Question, amendment agreed to.
Lord Mackay of Drumadoon moved Amendment No. 153:
The noble and learned Lord said: I spoke to this amendment with Amendment No. 152. I beg to move.
On Question, amendment agreed to.
Lord Mackay of Drumadoon moved Amendment No. 154:
The noble and learned Lord said: This amendment is intended to improve the procedures of the appeal court by providing the court with the option of delivering its opinions in writing without having to read out its reasons in open court.
The current requirement to read out opinions can lead to the time of the senior judiciary being, quite frankly, wasted to a considerable extent. In a recent case where the opinions of five judges had to be read, the exercise took some two and a half hours, time which the Lord Justice General believed could be put to more constructive use.
The amendment comes as a suggestion from him; it has our full support; and I beg to move.
On Question, amendment agreed to.
Lord Mackay of Drumadoon moved Amendment No. 155:
The noble and learned Lord said: I spoke to this amendment with Amendment No. 152. I beg to move.
On Question, amendment agreed to.
[Amendment No. 156 not moved.]
Lord Mackay of Drumadoon moved Amendment No. 156A:
The noble and learned Lord said: This is a minor drafting amendment with no policy implications. I beg to move.
On Question, amendment agreed to.
[Amendment No. 157 not moved.]
Schedule 1, as amended, agreed to.
Lord Mackay of Drumadoon moved Amendments Nos. 158 and 159:
The noble and learned Lord said: I spoke to these amendments with Amendment No. 135. I beg to move.
On Question, amendments agreed to.
Schedule 3, as amended, agreed to.
House resumed: Bill reported with amendments.
Page 71, line 25, leave out ("this section") and insert ("sections 42 and 43").
Page 72, line 37, at end insert--
("The Criminal Justice (Scotland) Act 1980 (c.62)
. In section 3D(1)(b) of the Criminal Justice (Scotland) Act 1980 (interpretation of sections 3A to 3C), for the words "section 3 of this Act" there shall be substituted the words "section 15(6) of the Criminal Procedure (Scotland) Act 1995".").
Page 82, line 27, at end insert--
("( ) In section 15 (rights of persons arrested or detained), in subsection (6)(b), for the words "actual custody" there shall be substituted the word "care".").
Page 84, leave out lines 5 and 6 and insert--
("(14) In section 118 (disposal of appeals)--
(a) in subsection (4)(b), the word "additional" shall cease to have effect; and
(b) after subsection (8) there shall be inserted the following subsection--
"(9) The High Court may give its reasons for the disposal of any appeal in writing without giving those reasons orally.".").
Page 84, line 23, at end insert--
("( ) In section 179(2) (stated case: adjustment and signature) the word "additional" shall cease to have effect.").
Page 85, line 19, at end insert--
("( ) In section 280 (routine evidence), in subsection (6)(b), for the words "the accused" there shall be substituted the word "he".").
Page 90, line 9, at end insert--("1993 c. 24.The Video Recordings Act 1993. Section 5.")
Page 90, line 51, column 3, at end insert-- ("In section 179(2), the word "additional".")
House adjourned at twenty-nine minutes before one o'clock.
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