Following the uninformative answer to her earlier Parliamentary Question regarding the Scottish Government's intention to remove the SCCRC consent requirement by primary legislation rather than simply by Statutory Instrument, Christine Grahame MSP (SNP) seeks clarification with the following written questions:
S3W-38797 Christine Grahame: To ask the Scottish Executive, further to the answer to question S3W-38294 by Kenny MacAskill on 11 January 2011, whether the same convention rights of individuals and international obligations attaching to information provided by foreign authorities would have to be taken into account whether the order were amended by primary legislation or by statutory instrument.
S3W-38798 Christine Grahame: To ask the Scottish Executive, further to the answer to question S3W-38294 by Kenny MacAskill on 11 January 2011, whether it can confirm that considerations in relation to data protection legislation are not relevant in this case given that section 194K(4) of the Criminal Procedure (Scotland) Act 1995 ensures that, where Scottish Criminal Cases Review Commission disclosure is permitted by means of a statutory order, "the disclosure of the information is not prevented by any obligation of secrecy or other limitation on disclosure (including any such obligation or limitation imposed by, under or by virtue of any enactment) arising otherwise than under that section."
S3W-38799 Christine Grahame: To ask the Scottish Executive, further to the answer to question S3W-38294 by Kenny MacAskill on 11 January 2011, whether it intends to bring forward primary legislation and, if so, whether it will specify the reasons for so doing rather than amending the order by means of a new statutory instrument.
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