Delegated Powers and Law Reform Committee

Meeting date: Tuesday, December 2, 2014

Official Report 296KB pdf

Food (Scotland) Bill: After Stage 2

Item 7 is consideration of the delegated powers provisions in the Food (Scotland) Bill after stage 2.

Members will have noted that the Scottish Government has provided a supplementary delegated powers memorandum, and they will have seen the briefing paper. Stage 3 consideration of the bill is due to take place on Tuesday 9 December. The committee should therefore agree its conclusions today.

The committee may note that the power in section 48(3), as amended, prevents the amendment of sections 37 and 44 in a way that removes the discharge of criminal liability provided for by those sections, but only in circumstances where an individual has been served with both a compliance notice and a fixed-penalty notice and has complied with both.

The committee may consider that the power as amended leaves open the possibility that the power in section 48(3) could still be used to remove the discharge of criminal liability in section 37 or section 44 in circumstances where a person has been issued with only one administrative sanction. The committee may wish to call on the Scottish Government to consider a further amendment to the bill at stage 3 so as to remove that possibility.

Does the committee agree accordingly to draw the provision in section 48(3), as amended at stage 2, to the attention of Parliament?

Members indicated agreement.

Does the committee agree to report that it is content with the other provisions in the bill that have been amended at stage 2 to insert or substantially alter provisions conferring powers to make subordinate legislation and other delegated powers?

Members indicated agreement.