Delegated Powers Scrutiny
Schools (Health Promotion and Nutrition) (Scotland) Bill: Stage 1
We considered the bill two weeks ago and asked the Executive for its comments on the desirability of amending the laying power to clarify that, where the first sets of regulations applying to the two different types of school are made, both would be subject to the affirmative procedure. We also asked for the Executive's comments on the use of the open procedure in relation to subsequent exercising of the power.
The Executive confirmed what I suspect we thought, which is that it has no intention of making separate sets of regulations. It added that if, for whatever reason, two sets of regulations were needed for the different types of school, the same general nutritional requirements would apply.
On the second point, the Executive is reluctant, as a matter of policy, to extend the use of the open procedure, citing the fact that it is rarely used. The Executive remains of the view that using the affirmative procedure on the first exercise of the power and using the negative procedure thereafter is an appropriate balance.
The power to specify nutritional requirements is relatively narrow and perhaps it is not the same as other powers presently subject to an open procedure, but we could recommend that procedure if we feel strongly about it.
Are we content with the Executive's response? Are we also content that subjecting only the first set of regulations to the affirmative procedure would on balance provide sufficient scrutiny? I think that we probably are.
Yes; the Executive's explanation of when it would use the open procedure was quite helpful
It is on the record that the Executive will not allow one set of school kids to be better fed than another. Presumably that is all that we need here.
Commissioner for Older People (Scotland) Bill: Stage 1
Coincidentally, the bill was introduced by Alex Neil—there we go—and contains only one delegated power.
Paragraph 6(3) of schedule 1 provides that the commissioner may charge for such "chargeable services" as ministers may specify by order subject to the negative procedure.
The delegated powers memorandum explains that the main purpose of that provision is to allow for flexibility, because only when the commissioner is in post can a decision can be made on services that should be chargeable. The power will allow ministers to add or remove services that might be useful in future circumstances. The negative procedure seems okay for that.
Members indicated agreement.