Delegated Powers Scrutiny
Prostitution Tolerance Zones <br />(Scotland) Bill: Stage 1
Welcome to the ninth meeting this session of the Subordinate Legislation Committee. We have apologies from Gordon Jackson, who is on an overseas visit with the Commonwealth Parliamentary Association, and from Alasdair Morgan, who is attending a Standards Committee meeting as a substitute member.
Item 1 is scrutiny of the delegated powers in the Prostitution Tolerance Zones (Scotland) Bill at stage 1. As some members will know, the Parliament took evidence on a similar bill last session. A new bill has been submitted, and delegated powers issues arise from section 1, the "Power to designate prostitution tolerance zones" and section 5, "Appeals".
Section 1 is the bill's central provision and gives local authorities the power to designate prostitution tolerance zones. Are members content that that power should be exercised purely at a local level? If not, should the power be altered?
I have been in local government and I think that it is entirely appropriate that local government should decide on the zones, because it will be far more aware of where there are likely to be problems.
Do other members agree?
Yes. The alternative would be for local authorities to make a determination that would be subject to confirmation by a minister. However, that is not necessary because the provision of an appeals procedure is an adequate safeguard.
Section 5 deals with appeals. When the predecessor Subordinate Legislation Committee dealt with the previous bill, a report was sent to the lead committee, of which I was a member. I am again a member of the lead committee—the Local Government and Transport Committee—and it will be interesting to see the new bill going through.
A difficulty is foreseen with the interaction between section 5(7) and section 5(8). Section 5(7)(a) states:
"The Scottish Ministers may appoint persons to perform on their behalf—
(a) all of the functions conferred on them by this section".
That could mean all the subsections in section 5, including subsection (8), which states:
"The Scottish Ministers may, by order made by statutory instrument, make further provision about or in connection with appeals under this section".
We feel that that is a drafting issue that should be brought to the attention of the lead committee, as the predecessor Subordinate Legislation Committee did for a similar point on the previous bill. The bill might need amended. Margo MacDonald, who is the bill's promoter, recognises the drafting difficulty and has no problem with our recommendation. Do members agree to bring that drafting point to the attention of the lead committee?
Members indicated agreement.