Health and Sport Committee, 07 Oct 2009

Meeting date: Wednesday, October 7, 2009

Official Report 221KB pdf

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Subordinate Legislation

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Health Board Elections (Scotland) Regulations 2009 (Draft)

Item 3 is consideration of subordinate legislation. The draft instrument sets out the regulations for the pilot elections of members to health boards in Fife and Dumfries and Galloway under the Health Boards (Membership and Elections) (Scotland) Act 2009. Last week, the Cabinet Secretary for Health and Wellbeing, Nicola Sturgeon MSP, appeared before us to debate a motion on the regulations. I welcome her back to the committee. She is again accompanied by Robert Kirkwood, business planning executive with the Scottish Government, and Kathleen Preston, solicitor with the health and community care division of the Scottish Government legal directorate.

Members will recall that, during last week's debate, the motion was withdrawn after questions were raised regarding the pilot election to Fife NHS Board. The cabinet secretary undertook to come back to us with a response to those. A letter from her addressing the points that were raised is included in our papers. I invite her to outline the response and I will then move to members for any further questions that they might have.

As you said, members have the letter that I sent you at the end of last week, which addressed the points that were raised at last week's meeting. On the regulations that are before us, I briefly draw the committee's attention to the issues that were raised at last week's meeting. First, the Subordinate Legislation Committee had raised concerns about the fact that there are no specific provisions on dual registration in the regulations. At last week's meeting, I gave a commitment to introduce amending regulations that would make clear in the regulations that individuals cannot vote twice in the pilot elections. I sent a draft of the amending regulations that deal with that issue to the committee on Friday.

From that, Ross Finnie raised the issue of whether it is an offence to vote twice. At present, the draft amending regulations do not include any offences. That is because, as I am sure the committee will understand, importing a criminal offence requires careful consideration of the legal and administrative practicalities. I want my officials to consult external bodies and electoral registration and returning officers to ensure that the inclusion of any offences would be practical and workable in the context of what are, let us remember, pilot elections. I took the view from last week's meeting that the committee considers it desirable that voting twice should be an offence. I am certainly happy to give the commitment again today, as I did last week, that we will seek to include that in the draft amending regulations before they are introduced.

I am grateful to Helen Eadie for the point that she raised last week about the ability of the regulations to deliver safe and effective elections. I hope that my letter to the committee has dealt with those concerns and confirmed that the Government, health boards and the local returning officers are confident that the regulations are fit for purpose. That addresses the points that I was asked to address. I am more than happy to take any further questions that the committee has.

I have no further questions; I just want to thank the cabinet secretary. The draft amendment regulations that the cabinet secretary has sent us will give the necessary clarity to rule 5 in the schedule to the Health Board Elections (Scotland) Regulations 2009. They will give equal clarity to the schedule that has been imported into the National Health Service (Scotland) Act 1978—schedule 1A. I am grateful to the cabinet secretary for that clarity. On the undertakings that she gives to explore further the making of an offence, I am content with what is set out in the letter.

Ross Finnie has captured everything that I wanted to say, so I will not repeat it. I thank the cabinet secretary for taking on board the concerns that we have raised. I have no further objections.

As we have no further questions, that brings the evidence session to a close.

We move to item 4, which is a debate on the draft regulations. Does any member wish to debate them?

No.

In that case, I invite the cabinet secretary to move motion S3M-4965.

Motion moved,

That the Health and Sport Committee recommends that the draft Health Board Elections (Scotland) Regulations 2009 be approved.—[Nicola Sturgeon.]

Motion agreed to.

I thank the cabinet secretary.

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National Health Service (Discipline Committees) (Scotland) Amendment Regulations 2009 (SSI 2009/308)

Item 5 is consideration of a negative instrument. Members have a copy of the amendment regulations and a note from the clerk. The amendment regulations amend the National Health Service (Discipline Committees) (Scotland) Regulations 2006 (SSI 2006/330) to provide that the limitation on the term of office of any member or deputy member of a discipline committee is increased from one year to three years. The amendment regulations also provide that the period of time within which a health board must notify a practitioner of their referral to a discipline committee is increased from two working days to five working days. The Subordinate Legislation Committee had no comments to make on the regulations.

Do members wish to make any comments?

No.

That being the case, are we content to make no recommendation on the amendment regulations?

Members indicated agreement.

Meeting continued in private until 12:57.