Subordinate Legislation Committee, 03 Sep 2002

Meeting date: Tuesday, September 3, 2002

Official Report 125KB pdf

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Delegated Powers Scrutiny

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Local Government in Scotland Bill: <br />Stage 1

A great number of instruments are on the agenda today as well as scrutiny of the Local Government in Scotland Bill, which is at stage 1. We want to put a number of questions to the Executive on the bill. Those questions are outlined in members' papers. I suggest that we write to the Executive to detail our questions on the bill. Depending on the answers, we will decide whether we want to hear witnesses next week to further expand on them. Is that an acceptable way of dealing with the matter?

Members indicated agreement.

Does any member particularly want to raise any points on the Local Government in Scotland Bill?

A couple of Henry VIII powers are taken, but both of them are subject to the affirmative procedure. That is the kind of thing that we object to in principle, but if the powers are subject to the affirmative procedure we accept that that lessens the worry that we have.

There is also a wee point about the definition of well-being in the bill, which I think is broad in purpose and which the Executive wants to be able to extend if it sees the need to do so. We need to ask the Executive about the points to which the legal adviser has drawn our attention.

One of the points that the Executive will consider is the feasibility of the provisions for community planning in section 17, on which we have a number of questions. As Ian Jenkins said, we want the Executive to define well-being. That alone would be worth having a witness for. Are members quite happy that we should take the questions that they have in their papers to the Executive?

Members indicated agreement.

That covers the bill.