About the Bill
Background
The Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill was introduced in the Scottish Parliament on the 26th November 2019 by the Cabinet Secretary for Health and Sport, Jeane Freeman MSP.
The Bill places duties on health boards regarding forensic medical services for victims of sexual offences (and harmful sexual behaviour by children under the age of 12).
A forensic medical examination enables evidence to be collected for use in any subsequent investigation or court proceedings. These examinations are currently carried out by health boards under a Memorandum of Understanding between Police Scotland and health boards – the Bill seeks to place the current arrangements on a statutory footing.
The Bill and associated documents can be found at the following link:
Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill
SPICe Briefings
Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill
Stage 1
The Committee's revised timetable for consideration of the Bill at Stage 1 is:
The Minister for Parliamentary Business and Veterans, Graeme Dey MSP, lodged motion (S5M-21848) on 27 May 2020 in the Chamber to extend the Stage 1 deadline for the Bill.
The motion was agreed to that consideration of the Bill at Stage 1 be completed by 2 October 2020.
The Committee published its Stage 1 Report on the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill on 7 September 2020.
Stage 2
Prior to the Committee's Stage 2 proceedings on Tuesday 10 November, the Cabinet Secretary for Health and Sport wrote to the Convener on 2 November:
The Cabinet Secretary for Health and Sport wrote to the Convener on 9 November to provide an advanced copy of the Children and Young People’s Clinical Pathway (CYP Clinical Pathway) ahead of the Committee's consideration:
Stage 2 consideration, Tuesday 10 November 2020
Evidence
The Committee published a call for views to support this inquiry which ran from 6 December 2019 to 2 February 2020.
Please use this link to view the responses sent in through Citizen Space.
Correspondence
The Minister for Parliamentary Business and Veterans wrote to the Convener of the Health and Sport Committee on 5 December 2019 to advise on the Scottish Government's view on protected subject matter.
The Minister for Parliamentary Business and Veterans wrote to the Convener regarding the timetable for the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill.
The Convener wrote to the Minister for Parliamentary Business and Veterans to request that the Scottish Government ask the Parliamentary Bureau to recommend the extension of the Stage 1 deadline of the Bill.
We received a response on 16 April 2020 regarding the timescale for Stage 1 scrutiny.
- Letter from Graeme Dey MSP, Minister for Parliamentary Business and Veterans to Lewis Macdonald MSP, Convener of the Health and Sport Committee - 16 April 2020 (165KB pdf)
The Cabinet Secretary for Health and Sport wrote to the Convener on 5 May 2020 to provide further information to the Committee following the evidence session on 17 March 2020.
The above letter was sent with the following accompanying documents:
The Convener issued letters seeking further information following the evidence session on 12 May 2020:
The Convener received the following responses to the above letters:
The Convener issued letters seeking further information following the evidence session on 20 May 2020:
The Convener received the following responses to the above letters:
The Scottish Government wrote to the Clerk on 3 June providing further information regarding the work of the CMO Taskforce.
The Convener issued letters seeking further information following the evidence session on 9 June:
- Letter to Filippo Capaldi, Detective Superintendent, Police Scotland - 11 June 2020 (44KB)
- Letter to Gillian Mawdsley, Secretary to the Criminal Law Committee, Law Society Scotland - 11 June 2020 (63KB pdf)
- Letter to Dr Kenneth Macdonald, Head of ICO Regions, Information Commissioner's Office - 11 June 2020 (103KB pdf)
- Letter to Andrew Tregoning, The Faculty of Advocates - 11 June 2020 (108KB pdf)
- Letter to Alisdair Macleod, Procurator Fiscal Deputy, Policy and Engagement, Crown Office and Procurator Fiscal Service - 11 June 2020 (105KB pdf)
The Convener received the following responses to the above letters:
The Scottish Government wrote to the Clerk on 18 June 2020 regarding the work of the CMO Taskforce:
For Women Scotland wrote to the Committee following the session on 23 June.
The Scottish Government wrote to the Clerk on 13 July 2020 providing further information regarding existing self-referral services in Scotland.
The Cabinet Secretary for Health and Sport wrote to the Convener on 5 February 2021 regarding a recent consultation launch on the retention period for evidence collated in the course of self-referral forensic medical services. The letter also provided an update on related courses/qualifications at Queen Margaret University.
Work by other Committees
The Finance and Constitution Committee issued a call for views on the estimated financial implications of the Bill and received 4 responses by the closing date of 30 January 2020.
The Delegated Powers and Law Reform Committee considered the Bill at Stage 1 on 28 January 2020 and published its Report on 31 January 2020.
Report
The Committee published its Stage 1 Report on the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill on 7 September 2020.
The Cabinet Secretary for Health and Sport responded to the Committee's Stage 1 Report on 25 September 2020.
The Stage 1 Debate took place in the Chamber on 1 October 2020. You can read the official transcript here.