Rural Economy and Connectivity Committee

Meeting date: Wednesday, May 8, 2019

Official Report 763KB pdf

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Subordinate Legislation

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Disabled Persons (Badges for Motor Vehicles) (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/128)

Good morning and welcome to the committee’s 15th meeting in 2019. I ask everyone to please make sure that their mobile phones are on silent.

Agenda item 1 is to consider a negative instrument, as detailed in the agenda. No motions to annul or representations have been received in relation to it. Is the committee agreed that it does not wish to make any recommendation in relation to the instrument?

Members indicated agreement.

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Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of South of Scotland Enterprise as Specified Authority) Order 2019 [Draft]

Item 2 is to consider one affirmative instrument: the draft Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of South of Scotland Enterprise as Specified Authority) Order 2019.

The committee will take evidence from Fergus Ewing, the Cabinet Secretary for the Rural Economy, after which the motion seeking the approval of the affirmative instrument will be considered. Members should note that there have been no representations to the committee on this instrument.

Along with the cabinet secretary, I welcome from the Scottish Government Karen Jackson, south of Scotland economic development team leader, Sandra Reid, south of Scotland enterprise bill team leader, Felicity Cullen from the legal directorate and Fraser Gough, parliamentary counsel. Cabinet secretary, would you like to make a brief opening statement of no more than three minutes?

Good morning. I commend everyone for their diligence. It is not often that one starts a committee meeting before light has fully dawned. I thank the committee for the opportunity to say a few words about this order.

The purpose of the draft order is to enable the appointment of members to south of Scotland enterprise to be regulated by the Commissioner for Ethical Standards in Public Life in Scotland prior to the new body coming into effect in April 2020. This is an essential part of the law surrounding the creation of south of Scotland enterprise, as it will ensure that members have the right skills and expertise and that they are in place for the establishment of the new body in April. As highlighted in the committee’s stage 1 report, none of us is in any doubt about the importance of getting the chair and board membership right and making sure that the board is made up of individuals with as wide a range as possible of interests, skills, expertise and experience relevant to the south of Scotland.

We want to ensure a diverse and strong field of suitable candidates and reach out in particular to those in the south of Scotland. Equality is an integral part of the Scottish Government’s business and, as the Gender Representation on Public Boards (Scotland) Act 2018 is now in force, we will be working towards equal gender representation on the board.

Our aim is to have members who will provide a balanced mix of relevant skills and expertise to reflect businesses and communities in the south of Scotland. We also want to make sure that appointments are advertised publicly and made on merit, following an open, fair and impartial process. It is therefore crucial that we have the full participation of the commissioner’s office in this process. That will ensure that appointments will be made on the same basis as for Scottish Enterprise, Highlands and Islands Enterprise and other public bodies.

The commissioner’s office has been fully engaged in the process to date, which enabled us to go live with the advert for the chair appointment on 25 April. In line with my commitment to the committee on 30 January and in acknowledgement of the importance that the committee has placed on harnessing interest in the new body, the advert is being widely publicised. It is crucial that we reach out to attract people in the south and of the south. That means conducting a publicity campaign locally, including in local newspapers, and advertising publicly in a way that will attract a strong and diverse field of candidates.

The draft order will ensure that the appointment process can be progressed with immediate effect over a period of time commensurate with this important task and with the full involvement of the commissioner’s office. I hope that the order will receive the committee’s support. I am happy to take any questions that committee members may have.

Thank you, cabinet secretary. There are some questions, starting with one from Stewart Stevenson.

I welcome the approach to making sure that we, at the earliest possible moment, start to make proper preparations for the south of Scotland enterprise body in advance of completion of the parliamentary process. I note that the commencement provisions in the bill before us will require a commencement order after royal assent. I am sure that that is all in order for April next year.

However, during stage 2 later this morning, we will discuss a number of amendments that relate to the way in which appointments are made to the board. It would be useful to hear on the record that, in making appointments, the Government will take account of any decisions that we make on the amendments that we will consider later this morning, although I do not expect that they will be hugely material in light of the remarks that the cabinet secretary has already made.

I am happy to give the assurance that we will take account of the changes made to the bill as at stage 1. I certainly assure members that will obviously be the case.

With respect, I do not think that that is a factor that will impede the orderly process of the appointment of a chair. It is important to see the process as a Gantt chart, whereby we have a certain amount of time to proceed in a sequential fashion, first with the appointment of a chair, then, when he or she is appointed, moving on to the appointment of a chief executive and board. That must be done sequentially and with the supervision of the Commissioner for Ethical Standards in Public Life in Scotland.

In order to meet the target date of April 2020 for the fully statutorily established south of Scotland enterprise agency, we will require to put the building blocks in place, which is really the purpose of the order.

I will ask that the point that Mr Stevenson has made be brought to the attention of the selection panel to make sure that it is taken into account fully.

As there are no further questions, we move to item 3, which is formal consideration of motion S5M-17046, in the name of the Cabinet Secretary for the Rural Economy.

Motion moved,

That the Rural Economy and Connectivity Committee recommends that the Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of South of Scotland Enterprise as Specified Authority) Order 2019 [draft] be approved.—[Fergus Ewing]

Motion agreed to.