Official Report 83KB pdf
Item 2 is consideration of the delegated powers memorandum to the Tobacco and Primary Medical Services (Scotland) Bill. We heard from officials at our meeting on 19 May and members will have the Official Report of that meeting in their papers. We now have to report on the remaining powers on which we took evidence.
Members indicated agreement.
Paragraph 4 of schedule 1 contains the power to prescribe the amount of fixed penalty and the discounted amount. Is the committee content to report to the lead committee and the Parliament that it considers that the prescribing of maximum penalties that can be imposed for contravention of the law is a significant and important matter, whether it arises in the context of a civil or criminal enforcement regime? Accordingly, is the committee content to recommend that the exercise of the power to set maximum penalties should be subject to affirmative procedure?
Members indicated agreement.
Paragraph 11(2) of schedule 1 contains the power to modify paragraphs 5(1) and 5(4) of the schedule to substitute different deadlines of payment. Is the committee content to report to the lead committee and the Parliament that, given the potential impact on individuals of the exercise of the power, and given that no clear justification has been given of why it is necessary for the power to be exercisable without any limits as to what may be prescribed being set, it is appropriate that the exercise of the power be subject to affirmative procedure?
Members indicated agreement.
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