Delegated Powers and Law Reform Committee 25 February 2020
The agenda for the day:
Instruments subject to Affirmative Procedure, Instruments subject to Negative Procedure, Instruments not subject to Parliamentary Procedure, Instrument and Document laid for Consultation.
Instruments subject to Affirmative Procedure
Instruments subject to Affirmative Procedure
I welcome everyone to the seventh meeting in 2020 of the Delegated Powers and Law Reform Committee. This will be my last meeting as convener of the committee. It has been an absolute honour to be the convener of such an important committee that does great work. It has been a pleasure to work with every single one of you. There will be a few other changes—Jeremy Balfour and Tom Arthur are also coming off the committee. I am sure that we will be replaced by able members.
I would like to thank the lawyers. People think that lawyers are a boring bunch, but I have discovered that they are not all boring. I also thank the clerks—they are the people who sit in the shadows on committees but keep us right. They have done a great job. I will be moving on to the Social Security Committee, but not as convener.
Agenda item 1 is consideration of a number of draft affirmative instruments. No points have been raised on the following five draft instruments.
Jeremy Balfour (Lothian) (Con)
I think that the regulations are very helpful, but there still seems to be a slight lack of clarity about what is meant by “independent”. It would be good if we could bring that issue to the attention of the lead committee, which might want to raise it with the Cabinet Secretary for Social Security and Older People when she appears before it.
Does the committee agree to mention that in our report?
Members indicated agreement.
No points have been raised on four draft First-tier Tribunal for Scotland instruments.
Instruments subject to Negative Procedure
Instruments subject to Negative Procedure
Council Tax Reduction (Scotland) Amendment Regulations 2020 (SSI 2020/25)
The first instrument for consideration under agenda item 2 is SSI 2020/25, which makes provision to annually uprate various allowances, premiums and deductions in the Council Tax Reduction (Scotland) Regulations 2012 (SSI 2012/303), which are known as the working age regulations, and the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (SSI 2012/319), which are known as the pension age regulations. Together, those are referred to as the principal regulations.
Regulations 3 and 4 of SSI 2020/25 incorrectly refer to regulation 23A of the working age regulations. Instead, they should refer to regulation 22A of those regulations.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground because of the incorrect reference to regulation 23A?
Members indicated agreement.
Does the committee wish to note the Scottish Government’s commitment to correct the error when the working age regulations are next amended?
Members indicated agreement.
Members will recall that the committee has previously called for the principal regulations to be consolidated. The Scottish Government’s commitment to correct the error in SSI 2020/25 when the working age regulations are next amended indicates an intention to continue to update those regulations rather than undertake the consolidation exercise that the committee considers necessary.
Does the committee therefore wish to write to the Scottish Government to ask for an update on any consolidation plans in relation to the principal regulations?
Members indicated agreement.
Instruments not subject to Parliamentary Procedure
Instruments not subject to Parliamentary Procedure
Instrument and Document laid for Consultation
Instrument and Document laid for Consultation
UEFA European Championship (Scotland) Act 2020 Remedial Order 2020: Statement of Reasons (SG/2020/19)
No points have been raised on the proposed draft order, SG/2020/18, or on the accompanying statement of reasons, SG/2020/19.
Is the committee content with SG/2020/18 and SG/2020/19?
Members indicated agreement.
Meeting closed at 10:06.