Subordinate Legislation Committee, 04 Nov 2003

Meeting date: Tuesday, November 4, 2003

Official Report 86KB pdf

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Instruments Subject to Annulment

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Instruments Subject <br />to Annulment

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Horticultural Produce <br />(Community Grading Rules) (Scotland) Regulations 2003 (SSI 2003/502)

We have been given a helpful and full explanation of the regulations, but we have not noted anything to comment on. Is that agreed?

Members indicated agreement.

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Road Traffic Act 1991 <br />(Special Parking Area) (Scotland) Order 2003 (SSI 2003/508)

I think that the next instrument is the Scottish Legal Aid Board (Employment of Solicitors to Provide Criminal Legal Assistance) Amendment Regulations 2003 (SSI 2003/511). [Interruption.] Have I missed an instrument? My papers are out of order. The next instrument on the agenda is the Road Traffic Act 1991 (Special Parking Area) (Scotland) Order 2003 (SSI 2003/508), but it is not next in members' papers—that was done to catch me out because I am an amateur in the chair. Members must pass over the regulations to find the order, but having done that, they will find that the order is not nearly as exciting as they thought that it would be, because no points of substance have been identified on the order.

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Road Works (Sharing of Costs of Works) (Scotland) Regulations 2003 (SSI 2003/509)

No points on the regulations have been identified.

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Scottish Legal Aid Board (Employment of Solicitors to Provide Criminal Legal Assistance) Amendment Regulations 2003 (SSI 2003/511)

It has been pointed out that we might want to ask the Executive to clarify further what, if any, consultation was undertaken. There has been a slight problem in the past with regulations that concern the legal profession, because consultation has not been undertaken at various local levels, so I see nothing wrong with at least asking the Executive to confirm what it has or has not done.

This is an issue on which we will take your guidance.

I am not sure whether I need to declare an interest; if I do, I declare my interest.

You are not suggesting that those in the legal establishment are an argumentative bunch.

Absolutely not. However, there would be nothing wrong in our asking for that clarification.

The regulations raise a general issue. The Executive has provided a wonderfully sniffy note that says:

"The Executive does not normally conduct public consultation on detailed secondary legislation on legal aid."

That is a very Olympian pronouncement. However, as we have been told that the Executive always consults before it produces subordinate legislation, we should ask whether any other derogations from the word "always" exist. We should try to get at the key thinking and ensure that practice is consistent in the Executive. I would like that matter to be dealt with.

You suggest that the issue of when the Executive does and does not consult should be part of our agenda for a future Executive briefing.

I think so.

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Road Works (Reinstatement) (Scotland) Amendment (No 2) Regulations 2003 <br />(SSI 2003/512)

No points on the regulations have been identified, but we may wish to consider whether we are satisfied with the explanatory note and whether to raise that with the Executive formally or in an informal letter. The explanatory note is not particularly enlightening and reproduces a previous explanatory note. Just giving the Executive a wee letter might do, but I am happy if anyone wants to take the matter further.

That is fine.

We are content.

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Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Amendment (No 2) Order 2003 (SSI 2003/514)

We have identified no difficulties with the order.

Did members read the order? It refers to areas "from 57° North latitude".

I read every word. That concludes the meeting.

Meeting closed at 10:46.