Public Appointments and Public Bodies etc (Scotland) Act 2003 (Treatment of Community Justice Scotland as Specified Authority) Order 2016 [Draft]
The next item of business is consideration of an affirmative instrument. I welcome to the meeting Paul Wheelhouse, the Minister for Community Safety and Legal Affairs, and Scottish Government officials Ingrid Roberts, who is from the community justice division, and Carolyn O’Malley, who is from the directorate for legal services. I remind members that the officials can take part in this item but not in the formal debate that will follow.
Minister, do you wish to make an opening statement?
Yes. Happy new year, deputy convener and members of the committee. I am glad to first foot the committee today.
I thank the committee for inviting me to speak to the draft order, which has been laid to ensure that appointments to community justice Scotland will be regulated by the Commissioner for Ethical Standards in Public Life in Scotland. As I stated when I wrote to the committee on 16 November, I believe that it is important that the new body should be a regulated body, and the Community Justice (Scotland) Bill makes provision for that.
As is set out in the accompanying documents to the Community Justice (Scotland) Bill, it is my intention that the new body will be established in autumn 2016 and take up its full powers in April 2017—subject, of course, to the will of Parliament. In order to have the chair in place six months prior to the body taking on its full functions, and in line with the Audit Scotland recommendations on establishing and merging public bodies, I wish to appoint a chair as soon as possible after the bill receives royal assent, in the event that it is passed by Parliament. The chair will then be in place to assist in the appointment process for the chief executive and board members prior to the body taking on its full functions in April 2017.
I believe that it is important that the appointment of the first chair and board, which will have responsibility for setting the agenda for our new lead body for community justice, is fully transparent and subject to the high quality of external scrutiny that the commissioner can provide.
The addition of community justice Scotland to the relevant schedule to the Public Appointments and Public Bodies etc (Scotland) Act 2003 follows recent precedent when new public bodies are set up. The commissioner will not be able to officially regulate the appointments until the new body has been added to the list of regulated bodies under the 2003 act by the Community Justice (Scotland) Bill. That will happen when the relevant provision of the bill comes into force. However, the draft order will enable a representative from the commissioner’s office to provide assistance during the early stages of recruitment until an order under section 3(3) of the 2003 act is in force and the new body can be fully regulated.
Thank you, minister. We move to questions from members.
The only thing that really stood out is that we are dealing with an order for a body that has not yet been established. You have, however, explained the reasons why we need to do that at this point.
I am aware of a couple of precedents. Historic Environment Scotland and Revenue Scotland followed a similar procedure to establish a shadow board before legislation was passed.
Thank you.
We move on to the formal debate on the motion to recommend approval of the instrument. I invite the minister to move motion S4M-14967.
Motion moved,
That the Justice Committee recommends that the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Treatment of Community Justice Scotland as Specified Authority) Order 2016 [draft] be approved.—[Paul Wheelhouse.]
Motion agreed to.
I suspect that is the first such motion to be agreed in 2016.
Thank you very much.
Thank you, minister.
10:06 Meeting suspended.