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Chamber and committees

Subordinate Legislation Committee,

Meeting date: Tuesday, May 15, 2001


Contents


Convention Rights (Compliance) (Scotland) Bill

The Convener:

The first item on the agenda is the scrutiny of delegated powers in the Convention Rights (Compliance) (Scotland) Bill as amended at stage 2. There have been some minor suggestions regarding Parole Board rules. More important, there have been amendments regarding the ability of ministers to take remedial action. Do any members wish to comment? There is nothing in particular that we need to say or do.

Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD):

Moving towards compatibility with the European convention on human rights is important. The bill needs to be flexible and ministers need to be able to take remedial action without too much hindrance. I do not think that we need take any point on the bill as it stands.

The Convener:

I am minded to agree. Our concern when we first discussed the bill was that the subordinate legislation provisions were a blank cheque. There is now some movement towards clarification. There must be compelling reasons for ministers to make remedial powers, although there is a balancing act between requiring the spelling out of compelling reasons and the difficulties that that causes. We have made our points and the Executive has acknowledged them. The Justice 1 Committee may yet be perturbed by the bill, but it is for that lead committee to decide whether it is satisfied or not.