Item 3 is consideration of six negative instruments, all relating to pension schemes.
Firemen’s Pension Scheme (Amendment) (Scotland) Order 2015 (SSI 2015/140)
This first negative instrument amends the Firemen’s Pension Scheme Order 1992, consequential to the introduction of same-sex marriage. The order also sets out the revised pensionable pay bands under the 1992 scheme.
The Delegated Powers and Law Reform Committee drew the attention of the Parliament to the order as it breaches the 28-day rule. Members have no comments to make on the order. Are members content to make no recommendation?
Members indicated agreement.
Firefighters’ Pension Schemes (Amendment) (Scotland) Regulations 2015 (SSI 2015/141)
The second negative instrument provides transitional arrangements for members who transfer to the firefighters’ pension scheme (Scotland) 2015. It sets out more detail on scheme governance and membership contributions from 1 April 2015. The DPLR Committee agreed to draw the attention of the Parliament to the instrument, as several regulations are—wait for it—defectively drafted. Where have we heard that before?
Do members have any comments in relation to the regulations?
This is not in relation to this particular instrument, but it is a bit concerning that so many of these instruments are defectively drafted.
Indeed. I think that the DPLR Committee is making quite a bit of noise about the issue, quite rightly, as it is not appropriate for a professional Parliament to have so much in the way of defective drafting.
Are members content to make no recommendation in relation to this Parliament? [Laughter.] I meant “in relation to this instrument”—do not take me up on that one.
Police Pension Scheme (Scotland) Regulations 2015 (SSI 2015/142)
The third negative instrument provides for a reformed pension scheme for Police Scotland. The DPLR Committee agreed to draw the attention of the Parliament to the regulations as the drafting appears to be defective in a number of areas. Do members have any comments? It is the same story.
Are members content to make no recommendation in relation to the regulations?
Members indicated agreement.
Firefighters’ Compensation Scheme and Pension Scheme (Amendment) (Scotland) Order 2015 (SSI 2015/143)
The fourth negative instrument updates provisions as a consequence of the coming into force of the firefighters’ pension scheme 2015 to ensure that compensation awards are made in the event of a qualifying injury or death in service, in accordance with the compensation scheme. The DPLR Committee agreed to draw the attention of the Parliament to the order as it breaches the 28-day rule and is—do members want to join in with me?—defectively drafted. I do not say that flippantly.
Do any members have comments in relation to the order? Silence says not, I take it. Is the committee content to make no recommendation in relation to the order?
Members indicated agreement.
If I see the words “defectively drafted” again—and they will come up again—we may want to write about it ourselves. It is all very well, but familiarity does in fact breed some contempt here—and of the kind that is not wanted. Would members agree with that?
Members indicated agreement.
Firemen’s Pension Scheme (Amendment No 2) (Scotland) Order 2015 (SSI 2015/173)
On the fifth negative instrument, why does it say “Firemen’s” and not “Firefighters’”? I am a bit taken aback by that, but there we are. The order clarifies commutation factors for firefighters retiring under the Firemen’s Pension Scheme Order 1992. I see—it relates to the previous amendment order. The DPLR Committee agreed not to draw the order to the attention of the Parliament.
Members have no comments to make. Are members content to make no recommendation in relation to the order?
Members indicated agreement.
Police Pensions (Amendment) (Scotland) Regulations 2015 (SSI 2015/174)
We move on to the final negative instrument that we are considering today. The regulations clarify commutation factors for police officers retiring under the Police Pensions Regulations 1987. The DPLR Committee agreed not to draw the regulations to the attention of the Parliament.
Members have no comments to make on the regulations. Are members content to make no recommendation in relation to the regulations?
Members indicated agreement.
Act of Adjournal (Criminal Procedure Rules Amendment No 2) (European Protection Orders) 2015 (SSI 2015/121)
Item 4 is further subordinate legislation. The act of adjournal before us is not subject to any parliamentary procedure. It inserts a new chapter 61 into the criminal procedure rules 1996 to make provision in consequence of a European Union directive on the European protection order.
We previously agreed to consider any no-procedure instrument where the DPLR Committee raises concerns. The DPLR Committee agreed to draw the act of adjournal to the attention of the Parliament as it appears to be defectively drafted. Are members content to endorse the DPLR Committee’s comments?
Members indicated agreement.
We will do more than just endorse those comments. As we have already said, we want to write separately regarding the increasing number of instruments coming before this committee that appear to be defectively drafted.
Members indicated agreement.
11:29 Meeting continued in private until 11:34.