Justice 2 Committee, 01 Feb 2005

Meeting date: Tuesday, February 1, 2005

Official Report 212KB pdf

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Subordinate Legislation

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Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2005 (Draft)

Agenda item 3 is an item of subordinate legislation that is subject to the affirmative procedure. I welcome the Minister for Justice and her advisers, Mr Nicholls and Mr Spratt. Minister, I am happy for you to speak to and move the motion in your name, in connection with the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2005.

Thank you for that invitation, convener. I am grateful for the opportunity to explain to the committee the background to the order.

Members will be aware that the Scotland Act 1998 recognises that, in some cases, it would be more appropriate for Scottish ministers to be able to exercise executive powers in areas where primary legislation continues to be a matter for Westminster. Section 63 of the 1998 act allows functions in reserved areas, so far as they are exercisable in or regarding Scotland, to be transferred from a minister of the Crown to Scottish ministers. I hope that members have read the Executive note that explains that the order proposes to transfer functions in four separate areas. I will run through those areas briefly.

The first area is the Fire and Rescue Services Act 2004, regarding fire service pensions. United Kingdom ministers have made an order under the 2004 act to ensure that the existing pension scheme can continue and that Scottish ministers retain the ability to make amendments to it in respect of Scotland. However, at present, Scottish ministers do not have powers to make arrangements for new pension schemes for the fire service. The order that we are considering today provides for the transfer of those powers.

The second area is the Electricity Act 1989 and the Energy Act 2004. We have agreed with our counterparts in the UK Government that certain functions that were amended and created by the Energy Act 2004 should be transferred to the Executive. Those functions relate to the requirement to consult before amending the renewables obligation, as well as to new ways in which suppliers might meet their obligation.

The third area relates to the European Communities Act 1972, the Food and Environment Protection Act 1985, the Food Safety Act 1990 and the Food Standards Act 1999. The amendment that is presented in the order in relation to food is a technical measure that is intended to ensure that we can continue to regulate food safety and food standards matters for Scotland, following a change in the overarching European framework of food law.

The fourth area concerns anti-terrorist traffic regulation orders. The order will change the current position whereby the Home Secretary has the power to make anti-terrorist traffic regulation orders in Scotland. It was agreed with Her Majesty's Government that the power to regulate or control a road in the case of a terrorist threat was best placed in the hands of Scottish ministers, as they are in control of road transport policy in Scotland. As the orders make provision for dealing with matters under the auspices of terrorism, which is a reserved matter, Scottish ministers will require the agreement of the secretary of state before making such orders.

I believe that those are appropriate functions to be exercised in Scotland by Scottish ministers, and I hope that the committee will approve the transfer of those functions to Scottish ministers, as set out in the order.

I move,

That the Justice 2 Committee recommends that the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2005 be approved.

Thank you. Do members have any questions for the minister on the order?

No.

Motion agreed to.