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Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2003 (draft)
The Executive has acknowledged that this draft order was defectively drafted in respect of almost all the points that the committee raised. The order has been withdrawn and a fresh draft has been laid. That is to be drawn to the attention of the subject committee—another triumph for the Subordinate Legislation Committee.
Fishing Vessels (Decommissioning) (Scotland) Scheme 2003 (SSI 2003/87)
Let us see whether the committee will eventually triumph with this order.
The committee asked about the scheme's lack of a provision on protection against self-incrimination. The Executive said that no such provision was necessary because it is effectively a given through the European convention on human rights. That is a rather inconsistent approach to drafting, because protection against self-incrimination is specifically inserted in other instruments. Therefore, it is worth mentioning in our report that drafting should be consistent.
We would also prefer the scheme to mention that provision.
Yes.
Sea Fishing (Transitional Support) (Scotland) Scheme 2003 (SSI 2003/92)
Something similar might be said about this statutory instrument.
The Executive has recognised problems with a couple of smaller drafting points.
It was suffering from rogue inverted commas.
Yes. The reference to "capacity means" should refer just to "capacity".
The reference to "P" should be a reference to "B".
The Executive does not know its p's from its b's.
That "B" is for breadth.
A similar question to that outlined by Murdo Fraser on the previous instrument also arises. We should make the same point.
Westminster seems to take the same attitude. No doubt, it is copying the good standards that the Subordinate Legislation Committee has established.
Surface Waters (Fishlife) (Classification) (Scotland) Amendment Regulations 2003 (SSI 2003/85)
There is a question about whether proper legislative practice has been followed in the drafting of this instrument. The committee asked the Executive to explain why regulation 1 contains a definition of the Surface Waters (Fishlife) (Classification) (Scotland) Regulations 1997 when they are mentioned only once. The Executive said that it could have done the drafting differently, but we could say in our report that the instrument could have been drafted a little better.
Bluetongue (Scotland) Order 2003 (SSI 2003/91)
Now we come to today's bête noire.
Should not that be bête bleue?
Who would like to take a pot shot at this?
I think that you would. It is de trop.
It is de trop—that shows that I am not a narrow nationalist and that I know one or two words of the lingua franca.
It may be ultra vires.
We should indicate to the Executive that we think the instrument may be invalid and ask it to check with its lawyers.
Indeed, the instrument may be a nullity.
We must ask whether the instrument is intra vires. Further, a devolution issue has been raised in respect of the instrument and one point is defectively drafted. We have also requested extra information from the Executive on the question of the instrument's validity.