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Chamber and committees

Justice and Home Affairs Committee, 07 Jun 2000

Meeting date: Wednesday, June 7, 2000


Contents


Scotland Act 1998 (Modifications of Schedule 4) Order 2000

The Convener:

Item 5 is subordinate legislation. We are to consider a draft affirmative instrument, the Scotland Act 1998 (Modifications of Schedule 4) Order 2000. I note the clerk's intimation of the background to this instrument. The difficulty is in knowing what it will do in practice. I found the whole thing a little opaque, as did the clerk. Do we have a time limit? When does this instrument have to be agreed to?

Andrew Mylne (Clerk Team Leader):

The Finance Committee will debate it next week, at the same time as this committee will meet.

The Convener:

I would like to ask what precisely the instrument will do, as it will change the Scotland Act 1998. If we are to be presented with statutory instruments that change acts, I would like to know clearly what they are intended to achieve. There is an Executive note on this, but it is as clear as mud.

Could we ask the Executive to advise us, in clear and simple terms, of the exact import of the statutory instrument? I am reluctant to let it go through on the nod, especially as it seeks to amend the Scotland Act 1998.

Am I being stupid, or does this have something to do with the statutory instrument that we received last week on pensions?

Who knows? That is the kind of thing that it is important to know.

We raised questions about that instrument and then said that it was fine. From my brief reading of that, and from trying to understand this instrument, I understand that there is some correlation. However, I am not sure.

That is a useful point to highlight. When subordinate legislation is presented to us, we must be sure what exactly it is intended to achieve.

I thought that it was just me who did not understand it.

We can defer discussion of this item until next week. It will probably not take long.

Andrew Mylne:

The committee will meet at the same time as the Finance Committee next week, when that committee will debate the order.

I am reluctant to agree to this order without knowing exactly what it is about and what its impact will be.

Andrew Mylne:

We can seek further clarification from the Executive.

We must do so.

Andrew Mylne:

A minister will be present at the Finance Committee meeting. If a member of this committee attended that meeting, they could ask the minister about it.

Do we want to make a decision now that one of us will scoot out of our meeting next week to attend the Finance Committee debate?

Haud me back.

It looks as though it will be you, Scott.

Oh, come on.

Motion carried. [Laughter.]

I do not even understand the instrument.

The clerk will ask the Executive for clarification before next week.

Okay.

So, you will be our envoy to the Finance Committee. Thank you. That was a job well done.

We now move into private session to discuss draft committee reports. I ask members of the public to leave.

Meeting continued in private until 12:21.


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