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Agenda item 4 is consideration of the British Sign Language (Scotland) Bill. In examining a bill, the Delegated Powers and Law Reform Committee considers matters such as whether in the bill overall the right balance has been struck between primary legislation and delegated powers; whether the delegated powers are properly drafted; and whether a delegated power is subject to the appropriate form of parliamentary procedure.
The committee also considers provisions in the bill that provide the power to do something purely administratively, for example by direction or guidance, and assesses whether they should be subject to parliamentary procedure. It is not within the committee’s remit to consider the policy merits of a bill or the policy merits of the powers that it delegates.
The committee is asked to agree any questions that it may wish to ask the member in charge of the bill, Mark Griffin MSP, on the delegated powers in the bill. It is suggested that those questions be put to the member in writing. The responses that are received will be used to help inform the committee’s report on the bill, which we will consider at a later date.
The member in charge of the bill has produced a delegated powers memorandum, which provides information on the subordinate legislation in the bill. The memorandum is available in both English and British Sign Language on the Parliament’s website.
Section 3 of the bill sets out the responsibilities of local authorities in relation to the preparation of authority plans and gives details of what authority plans must contain. Section 3(4)(b) sets out several matters to which an authority is to have regard in preparing its plan. They include, in section 3(4)(b)(v),
“such guidance, relevant to the preparation (or revision) of Authority Plans, as may be issued by the Scottish Ministers.”
The power to issue guidance is not explained in the delegated powers memorandum, as it is not a power to make subordinate legislation.
Does the committee agree to ask the member in charge of the bill to explain why the power to issue guidance is being taken; to provide examples of the provision that is likely to be made in any guidance that is issued; to explain why it is appropriate for the power to be exercised by way of guidance rather than subordinate legislation; and to indicate the form in which the guidance is likely to be issued and the manner of its publication?
I think that it is clear that the power to issue guidance that is taken in the bill is a consequence of the bill providing that bodies must take account of guidance from Governments rather than a directly expressed intent. On that basis, we should perhaps simplify what we ask for by way of explanation by not asking why the power is being taken. Instead, we should focus on the use that is likely to be made of any such power and how it might be exercised.
The bill is welcome. Our interest in it is in how guidance may influence the way in which, if the bill is passed by Parliament, it will be implemented.
Do members have any other comments?
Will it be possible for the member in charge of the bill to answer all the questions, or will some of them have to be referred on to the Government?
I am sure that the answer to that is that some of them will have to be referred on to the Government, which will be much more familiar with what ministers can and should do.
In the context of Stewart Stevenson’s comment, I am wondering whether we might simply ask why the power to issue guidance is being taken and how it is expected to be used.
11:45
Why do we not ask Mark Griffin to appear before the committee to explain matters instead of writing to him?
We normally ask people to write to us in the first instance. That is the simplest way forward. If there were to be an issue once we have a written response, we could ask the member in charge of the bill to appear before us.
I am quite happy with the form of words that our legal advisers have provided.
If it is helpful to say so, I certainly do not intend to push the point that I raised. I have made it on the record, so it can be read by the member.
On that basis, we will stick with the original form of words. Thank you.
Section 4 sets out the responsibilities of listed authorities with regard to the publication of authority plans, including the timescales for such publication. Broadly speaking, authority plans are to be published as soon as reasonably practicable after publication of the corresponding national plan. The national plan and authority plans are to be prepared in each session of the Parliament.
Section 4(6) provides that, in publishing an authority plan or a revised plan, a listed authority is to have regard to any guidance that is issued by the Scottish ministers concerning publication. Again, an explanation of that power has not been included in the delegated powers memorandum.
Does the committee therefore agree to ask the member in charge to explain why the power to issue guidance is being taken; to give examples of the provision that is likely to be made in any guidance that is issued; to explain why it is appropriate for the power to be exercised by way of guidance rather than subordinate legislation; and to indicate the form in which the guidance is likely to be issued and the manner of its publication?
I suggest to the committee that the previous discussion probably applies.
Members indicated agreement.