Subordinate Legislation Committee
Meeting date: Tuesday, March 5, 2013
Official Report
477KB pdf
Draft Instrument not subject to Parliamentary Procedure
Public Services Reform (Functions of the Common Services Agency for the Scottish Health Service) (Scotland) Order 2013 (SG 2013/12)
I welcome members to the eighth meeting in 2013 of the Subordinate Legislation Committee. As always, I ask members to turn off mobile phones.
The order that we are considering under agenda item 1 must comply with various vires restrictions that are listed in section 18 of the Public Services Reform (Scotland) Act 2010. Although the general objective of the order is, of course, a policy matter, whether the policy can be achieved through the order process is properly a matter for the committee to consider. If the vires restrictions are not met, the policy would have to be delivered through the introduction of a bill.
The legal advisers have identified a number of issues for members to consider regarding the vires tests that are set out in section 18 of the 2010 act. If members wish to obtain more information from the Scottish Government about those matters, the committee could do so by taking oral evidence from the Scottish Government at a later date. The procedure that is set out in the 2010 act specifically provides the opportunity for the committee to consider issues at this stage and to comment before the order is laid for approval by Parliament.
Does the committee agree to explore further with the Scottish Government, by taking oral evidence, whether the effect of the order will be proportionate to the policy objective, whether the order strikes a fair balance between the public interest and the interests of any person who might be adversely affected by it, and whether the order will remove any necessary protection?
Members indicated agreement.
On that basis, we can expect to see officials fairly soon—probably next week.