Item 4 is to consider our approach to scrutiny of subordinate legislation. Members will recall that we discussed the issue at our away day and asked the clerks to come back with a further paper, which we now have. The paper details the approach to scrutiny that was used and is recommended to us by our predecessor committee, which is that if we raise in our report on a bill's financial memorandum concerns about costs arising from subordinate legislation, we seek to scrutinise that subordinate legislation when it is laid. I emphasise that that applies to subordinate legislation only where we scrutinise the parent act; it does not apply to all acts.
The paper highlights two acts about which the previous committee raised concerns: the Transport and Works (Scotland) Act 2007 and the Protection of Vulnerable Groups (Scotland) Act 2007. Are members happy to scrutinise subordinate legislation under those acts when the instruments are laid? I seek advice from those who were members of the previous committee.
Yes.
Does the committee agree that we will consider such subordinate legislation?
The paper also describes the documents that accompany subordinate legislation when it is laid. Members will note that if an instrument has financial implications, it is expected that they will be detailed in the accompanying documents. However, the Scottish Government is not obliged to provide that information. The paper asks us to consider whether we should write to the Scottish Government on the possibility of including a financial memorandum with subordinate legislation and on regulatory impact assessments. Do members agree to that?