Draft Instrument subject to Approval
I welcome everyone to the 32nd meeting of the Subordinate Legislation Committee in 2009. We have no apologies and we have a full house. Can everyone turn off their mobile phones and BlackBerrys please?
As previously agreed, at the end of the meeting we will go into private session to discuss our report on the Interpretation and Legislative Reform (Scotland) Bill.
Pharmacy Order 2010 (Draft)
Colleagues, there are a number of grounds for reporting the order. First, the Scottish Government has acknowledged that the order contains errors in the preamble and in article 11, the latter being a substantial error that could significantly affect the proper operation of the order if it is not corrected.
Secondly, further drafting changes are required to articles 21(4)(b), 22(2)(b) and 66(2) to reflect the change in the standard definition of the European Union treaties set out in the Interpretation Act 1978, which is commenced today.
Thirdly, the committee's preference would be for a corrected order to be put before the Parliament for approval but, given the complex procedure that applies to the order—involving approval by the Scottish Parliament and Westminster and submission to the Privy Council—such a course of action does not appear to be practicable in this particular case.
Fourthly, the committee has considered the Scottish Government's proposal for remedying the error and we consider that, in the circumstances, a full explanation of the errors and the intention to correct them should be provided to the Parliament prior to seeking its approval of the order.
Finally, we note that any risk of challenge to the order lies with the Scottish Government and the Department of Health. Can we agree to report the order on those grounds?
Members indicated agreement.