I beg to move,
That the Committee has considered the draft Disclosure (Scotland) Act 2020 (Consequential Provisions and Modifications) Order 2025.
The draft order was laid on 11 February, and I am grateful for the opportunity to debate it. As with all the Scotland Act 1998 orders we have considered since the start of this Parliament, the draft order is the result of collaborative working between the UK and Scottish Governments. Like many others, it is made under section 104 of the Scotland Act, which, following an Act of the Scottish Parliament, provides the power for consequential provision to be made to the law relating to reserved matters or laws elsewhere in the UK. Scotland Act orders are a demonstration of devolution in action, and I am pleased that this Government have made seven such orders since we came into office in 2024.
The draft order makes provision in consequence of the changes that the Disclosure (Scotland) Act 2020 made to the disclosure regime in Scotland. The Disclosure (Scotland) Act, with which I know many hon. Members may not be familiar, concerns the regime for disclosures made by Scottish Ministers about a person’s criminal history and other information held about them by police and law enforcement agencies, such as fingerprint records. This crucial piece of legislation, which received support from all parties when it was passed by the Scottish Parliament, simplifies the system for disclosure in Scotland. Most people will come across the disclosure system when they apply for a PVG—protecting vulnerable groups—certificate from Disclosure Scotland, often so they may work or volunteer with children or vulnerable people.
The order ensures the continued provision of information from UK law enforcement bodies to Scottish Ministers for the purposes of the disclosure regime. This includes conviction information, cautions, relevant police information and fingerprint records. This cross-border information transfer is necessary to ensure that Scottish Ministers can exercise their vetting and barring functions efficiently and effectively. Importantly, it ensures that the public are protected.
I shall speak briefly to some of the individual provisions. Part 2 places duties on the chief officers of UK law enforcement bodies in relation to disclosure information that are equivalent to the duties that the Disclosure (Scotland) Act places on the chief constable of Police Scotland. That will ensure that the chief officer must provide information to Scottish Ministers in the same way that the chief constable is required to do in Scotland. The law enforcement bodies to which this duty applies are outlined in part 1.
Part 2 provides provisions for a statutory review process of other relevant information before it is disclosed to a third party. This is a central provision of the Disclosure (Scotland) Act, and is intended to enhance the proportionality of the disclosure regime. Finally, part 3 places further duties on law enforcement agencies to make other information, such as central records, personal data to verify identity, and fingerprint records available to Scottish Ministers.
If passed, the order will come into force on 1 April; guidance will be provided to UK law enforcement bodies before that date. The order is about keeping our communities and constituents in Scotland safe. Without it, there would be significant consequences for safeguarding across the UK, because the cross-border disclosure and information-sharing arrangements that are already in place under the Police Act 1997 would no longer operate. That would put our communities at risk and undermine a system that has operated effectively across the UK for many years.