Subordinate Legislation Committee, 05 Sep 2000

Meeting date: Tuesday, September 5, 2000

Official Report 123KB pdf

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Adoption (Intercountry Aspects) Act 1999 (Commencement No 2) (Scotland) Order 2000 (SSI 2000/223)

Various points about the appropriateness and efficacy of this order have been drawn to our attention.

We should draw the Executive's attention to the legal advice that we have been given, which is that Scottish ministers may not have the power to make this instrument. Under the Adoption (Intercountry Aspects) Act 1999, the power to make such an order is conferred on the Secretary of State for Scotland rather than on Scottish ministers. We should ask the Executive to explain how that power has been transferred to it.

We should also draw the Executive's attention to three relatively minor points, which are less important than that fundamental point. First, the order was made on the same day as the provisions of the act were commenced by the order, so to that extent it has retrospective effect. Secondly, there is confusion in the explanatory note, which gives 1 June 2000 as the commencement date, although the act states that the commencement date is 2 June 2000. Thirdly, there has been a lengthy delay, as the Executive did not submit the order to Parliament until 5 July, even though the order appears to have been made on 2 June. Had the order been presented to the committee earlier, the committee would have been able to consider it before the recess.

We should make those points to the Executive. As I was involved with adoptions when I was in private practice, I know that they are a minefield at the best of times. Adoption cases are extremely trying and stressful for all concerned, so we should ensure that we do not make matters more complicated than they are at present.