Subordinate Legislation Committee, 24 Apr 2001

Meeting date: Tuesday, April 24, 2001

Official Report 106KB pdf

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Mortgage Rights (Scotland) Bill

The first item on the agenda is scrutiny of the delegated powers in the Mortgage Rights (Scotland) Bill as amended at stage 2. We are joined by the bill's proposer, Cathie Craigie. Before the committee discusses the legal briefing that we have received, do you wish to make any comments about the bill's purpose or related matters?

I thank the committee for dealing so quickly with the matter. The Subordinate Legislation Committee does a wonderful job that often goes unnoticed by the Parliament. Members rely on the committee's ability to ensure that these matters are dealt with.

The Mortgage Rights (Scotland) Bill is before the committee today because it contains a delegated power to allow ministers to amend the notices that are sent to debtors in default. Such amendments should be subject to the negative procedure because that will allow the Executive to take account of changing circumstances in debt advice and the hopefully improved facilities that will be available in future.

The matter came to the Social Justice Committee's attention between stage 1 and stage 2, after the Executive announced its intention to introduce a national debtline. The Social Justice Committee felt that it would be useful to include the debtline number in the notices being sent to defaulters, but existing provisions mean that the debtline would not be set up before the enactment of the bill. We feel that the delegated power would be of benefit and would allow debt advice contained within notices to be improved. I ask the committee to accept the recommendation that the exercise of the power should be subject to the negative procedure.

The committee tends to favour the affirmative procedure, as it involves both more scrutiny and a positive decision by the committee and the Parliament. However, the use of the negative procedure in the bill is simply an administrative matter that would make the operation of the bill quicker, easier and more effective. As a result, the use of the negative procedure is perfectly legitimate.

Although it is not the committee's position to comment on policy, I think that we unanimously support the bill's principles. As far as subordinate legislation is concerned, we have no matters either to raise or to draw to the attention of the lead committee. We can only assist in speeding the bill on its way and wish you good luck with it as it enters the next stage.