Subordinate Legislation Committee, 04 Nov 2008
Meeting date: Tuesday, November 4, 2008
Official Report
107KB pdf
Energy Bill
That moves us on neatly to agenda item 5: consideration of the Energy Bill, which is United Kingdom Parliament legislation. Members will recall that the bill has already been the subject of a legislative consent memorandum in the Scottish Parliament, which agreed that the carbon storage provisions in part 1 should extend to Scotland.
A supplementary legislative consent motion has now been lodged in relation to the bill. The text of the motion and legislative consent memorandum is set out in the paper that accompanies this item. A supplementary LCM is required because amendments to the Energy Bill tabled at Westminster confer functions on the Scottish ministers to make subordinate legislation in the form of renewables obligation orders and, under rule 9B.3.6 of standing orders, if the subject of a memorandum contains provisions that confer on the Scottish ministers powers to make subordinate legislation, this committee must consider the provisions and report to the lead committee. Therefore, we are asked to determine whether we are content with the powers that are conferred on the Scottish ministers as a matter of principle, with regard to scope and to the parliamentary procedure provided.
I have three questions for members on amendments 1 to 28 to clause 37 of the bill, "The renewables obligation". Are we content that the power delegated to the Scottish ministers is acceptable in principle?
Members indicated agreement.
Are we content that the application of affirmative procedure to renewables obligation orders is acceptable?
Members indicated agreement.
Are we satisfied with the scope of the power to make a renewables obligation?
Members indicated agreement.