Subordinate Legislation Committee

Meeting date: Tuesday, May 8, 2012

Official Report 267KB pdf

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Social Care (Self-directed Support) (Scotland) Bill: Stage 1

The purpose of agenda item 8 is for the committee to consider its approach to the delegated powers provisions in another bill—the Social Care (Self-directed Support) (Scotland) Bill.

Members will have seen the paper from the legal adviser. As with the previous bill, given the extensive nature of the powers in question, the committee may wish to invite Scottish Government officials to give oral evidence at its meeting next week. The committee would then consider a draft report at its meeting on 22 May.

Do members agree to invite officials to give oral evidence on the delegated powers provisions in the bill?

Members indicated agreement.

Again, I would like to pass comment. I have concerns about the wide scope and nature of the powers that are proposed in section 12, in particular. I want to know whether the procedure that is being suggested is the correct one and whether the ancillary provisions are entirely clear. We should take a closer look at that.

We will have an opportunity for some extensive questioning next week.

I think that there are wider points about the scale of the provisions that it is proposed will be dealt with in subordinate legislation. We need a clear justification for why the powers are being provided for in the way that they are.

We will need to ensure that the officials understand our concerns before they get here. We do not want it to be a battlefield. They need to be clear what our concerns are about, and they will need to have good answers.

Indeed. I am certain that the clerks will have an exchange with the officials to make them fully aware of our concerns.

Indeed. Thank you.

Agenda item 9 will be taken in private.

14:41 Meeting continued in private until 15:06.