Delegated Powers and Law Reform Committee

Meeting date: Tuesday, April 1, 2014

Official Report 254KB pdf

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Housing (Scotland) Bill: Stage 1

Agenda item 3 is consideration of the Scottish Government’s response to the committee’s stage 1 report on the bill. Members have seen the briefing paper and the response from the Scottish Government. Do members have any questions or comments?

There being none, do members agree to write to the minister to reiterate the committee’s view that it is unusual for a bill to confer by subordinate legislation an unrestricted power on the Scottish ministers to vary the maximum fine that may be imposed on conviction for an offence?

Members indicated agreement.

Do members agree to reiterate the committee’s view that the circumstances in which a maximum fine may be varied are matters for the Parliament to set out in primary legislation? If so, do members also agree to ask the minister to reconsider amending section 32T of the Caravan Sites and Control of Development Act 1960, as inserted by section 63 of the bill, to provide that the power may be exercised only in circumstances to be provided for in the bill?

Members indicated agreement.

Are we content to note the response and, if necessary, to reconsider everything else after stage 2?

Members indicated agreement.

I think that this is one of those cases in which, at the very least—this is not what we are asking for—we should have on the parliamentary record the thinking that is behind the Government’s current position, if it maintains that position.

Thank you. We now move on to item 4, which we will deal with in private.

11:34 Meeting continued in private until 11:55.