The Advocate-General for Scotland (Baroness Smith of Cluny) (Lab)

My Lords, I am grateful for the opportunity to debate this order today. It comes as the result of collaboration between the two Governments in Scotland and makes provision as a result of changes made to the existing disclosure regime in Scotland. The order before us, if passed, will be made under Section 104 of the Scotland Act. Scotland Act orders are a demonstration of devolution in action, and I am pleased to say that this Government have taken through seven orders since we came to power in 2024. I will now go on to explain the purpose of the order. This order is in consequence of the Disclosure (Scotland) Act 2020, which deals with the circumstances in which information about a person’s criminal history and other information held about them by the police and other law enforcement bodies can be disclosed. The disclosure Act seeks to modernise and improve proportionality in the disclosure system in Scotland. As a result, some changes have been made to the disclosure regime and this order is accordingly necessary to ensure the continued provision of conviction information, cautions, relevant police information and records of fingerprints that are held by UK law enforcement bodies to the Scottish Ministers for the purposes of the disclosure regime. The order places equivalent duties on the chief officers of UK law enforcement bodies in relation to disclosure information, where relevant, to those which the disclosure Act places on the chief constable of Police Scotland. This ensures that the chief officer must provide information to the Scottish Ministers in the same way that the chief constable is required to do in Scotland. Without this order, there would be significant consequences for safeguarding across the UK, as the cross- border disclosure and information-sharing arrangements already in place under the Police Act—that is, the duties on and powers available to chief officers of UK police forces—will no longer operate. I beg to move.