Subordinate Legislation Committee, 05 Feb 2008

Meeting date: Tuesday, February 5, 2008

Official Report 94KB pdf

---

Instruments Not Laid Before the Parliament

---

Instruments Not Laid Before <br />the Parliament

---

Management of Offenders etc (Scotland) Act 2005 (Commencement No 4) Order 2008 (SSI 2008/21)

Are members content to ask the Scottish Government the questions that are set out in the summary of recommendations, which are to explain which provision is newly commenced by article 2(1)(b), coming into force on 11 February 2008; and whether the relevant provision has already been commenced on 8 February 2006, by virtue of articles 3(1) and 3(3) of the Management of Offenders etc (Scotland) Act 2005 (Commencement No 1) Order 2006 (SSI 2006/48)?

Members indicated agreement.

---

Abolition of Bridge Tolls (Scotland) Act 2008 (Commencement) Order 2008 <br />(SSI 2008/22)

Members will note that two options are given in the summary of recommendations. The first is to ask the Scottish Government to explain why the convention that primary legislation does not come into force less than two months after the date on which it is enacted has not been observed in the case of the 2008 act. The second is to say that we are content with the Government's reasons for the earlier commencement of the act and to note that in our report to the lead committee.

The point is made in the legal brief—and it struck home with me—that, at stages 1 and 2 of the bill, the Minister for Transport, Infrastructure and Climate Change made it fairly clear that he was minded to move as swiftly as possible on the matter. Does any member have a comment on the options?

The Government has set out its rationale for wanting to move quickly. The second option is therefore the best one. I am happy to go with that.

It is pretty obvious that that is the best one.

Yes, it flags up the situation, but recognises the wider debate on why the Government moved so quickly on the issue.

We know the will of the Parliament and what the minister said. For those reasons, are members content to go for the second option, which is to agree that we are content with the Government's reasons for the earlier commencement of the act and to note that in our report to the lead committee?

Members indicated agreement.

Following our new procedure, members will note from the annex to the summary of recommendations that some minor points arise on SSI 2008/20. We will raise those points informally with the Scottish Government. I say this for the purposes of the Official Report.

The next meeting will be held on Tuesday 19 February at 2.15 pm, after our short, late-winter recess. Before I close the meeting, I thank the clerks and our legal advisers.

Meeting closed at 14:23.