Local Government and Transport Committee, 03 Oct 2005

Meeting date: Monday, October 3, 2005

Official Report 291KB pdf

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Subordinate Legislation

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Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of Office or Body as Specified Authority) Order 2005<br />Public Appointments and Public Bodies etc (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2005

I open the 26th meeting in 2005 of the Local Government and Transport Committee and welcome the Deputy Minister for Finance, Public Service Reform and Parliamentary Business, George Lyon, and Carol Elder from the Scottish Executive. I have received only one apology, from Tommy Sheridan MSP.

Under agenda item 1, the committee will consider motion S2M-3205, in the name of Tom McCabe, on the Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of Office or Body as Specified Authority) Order 2005, and motion S2M-3206, in the name of Tom McCabe, on the Public Appointments and Public Bodies etc (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2005. The minister will speak to both motions.

As the orders are affirmative instruments, they can come into force only when the Parliament has approved them. The committee's responsibility is to question the minister and then to debate whether to recommend approval of the instruments. The minister will make introductory remarks on both instruments at the same time. Members can then ask him questions. If the questions are technical, the civil servant who is present may respond. After that, there will be a formal debate on the instruments. I propose that we have one debate, although the two decisions will be taken separately.

Are members clear about the procedure? Do they agree to it?

Members indicated agreement.

I invite George Lyon to make some introductory remarks.

I am pleased to bring the committee's attention to the orders for updating the Public Appointments and Public Bodies etc (Scotland) Act 2003. The orders are technical and will ensure that the commissioner for public appointments continues to have formal authority for regulating appointments to the most significant public bodies in Scotland.

The Public Appointments and Public Bodies etc (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2005 will amend schedule 2 to the 2003 act by adding and removing public bodies that have been replaced or abolished, or have had their name changed. The Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of Office or Body as Specified Authority) Order 2005 will allow bodies that are in the process of being established to be regulated by the commissioner as if they were included in schedule 2.

From time to time, it may be necessary for further orders to be presented to keep the schedule up to date. That is a routine matter and will not bring about any change to the Executive's policy on public appointments.

I have a technical question on the Public Appointments and Public Bodies etc (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2005, which omits the water industry commissioner for Scotland in the amendment to the list of specified authorities. I cannot see an explanation for that omission in the Executive's note. There may be a good reason for it, but I want the minister to clarify what that reason is, if he would not mind doing so.

The water industry commissioner for Scotland will be deleted and the Water Industry Commission for Scotland will be added to reflect a change of circumstances. The situation has been modified, because a commission has been set up that includes a number of appointees as well as the current water industry commissioner. The order reflects the change from there being an individual commissioner to there being a commission. I hope that that satisfies Mr Crawford.

That seems sensible, but as far as I can see only the omission is specified in the order; nothing is added back in. Does the other order do that?

It is added back in in annex B. Five bodies are added in, the second last of which is the Water Industry Commission.

So that is done in the other order. That is fine—I am satisfied by that.

If there are no other questions for the minister, we can move to the formal debate. If the minister does not wish to add anything to his introductory remarks, I invite him to move the motions.

Motions moved,

That the Local Government and Transport Committee recommends that the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Office or Body as Specified Authority) Order 2005, be approved.

That the Local Government and Transport Committee recommends that the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2005, be approved.—[George Lyon.]

Motions agreed to.

Thank you, colleagues. Those decisions will be reported to the Parliament pending its consideration of the orders.