Health and Community Care Committee, 08 Nov 2000

Meeting date: Wednesday, November 8, 2000

Official Report 185KB pdf

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Subordinate Legislation

I ask members to turn to item 5 on the agenda, which we can get out of the way while we wait for the minister.

The first two items of subordinate legislation are negative instruments: the Specified Risk Material Order Amendment (Scotland) Regulations 2000 (SSI 2000/344) and the Specified Risk Material Amendment (Scotland) Regulations 2000 (SSI 2000/345).

Copies of the instruments were circulated originally to members of committee on 6 October and I have received no comments from members about them. The Subordinate Legislation Committee commented on the provision of tables and on the number of amendments to the principal regulations, and the Executive has responded. The Subordinate Legislation Committee welcomed the Food Standards Agency Scotland's intention to consolidate those regulations, and drew the attention of the Parliament to the instruments on the grounds that the provision of a table of derivations would have been of particular assistance in explaining their effect.

No motion to annul has been lodged, so the recommendation is that the committee does not want to make any recommendation in relation to the instruments. Is that agreed?

Members indicated agreement.

What would a table of derivations do to help us understand the instruments? What benefit would that be to us?

I think that that was just a point of clarification. I do not know whether the Subordinate Legislation Committee asked the question for a specific reason, or just to make things clear. My understanding of the response is that the whole question has now been taken on board by the Executive for future reference.

The Subordinate Legislation Committee seemed to feel quite strongly about it. I do not know how having such a table would benefit us.

The Subordinate Legislation Committee has raised the issue and, clearly, wants to pursue it. The response suggests to me that the issue will be taken on board in the future. Are we all agreed?

Members indicated agreement.

The third negative instrument for consideration this morning is the NHS (General Dental Services) (Scotland) Amendment (No 2) Regulations 2000 (SSI 2000/352). The instrument was circulated to members on 11 October and no comments on it have been received.

The Subordinate Legislation Committee had two comments on the instrument; one concerned defective drafting and the other concerned the consolidation of the principal regulations. The Executive has agreed to lay an amending instrument as soon as possible to rectify the defective drafting, and has stated that progress is being made on producing a consolidated print of the principal regulations. No motion to annul the instrument has been lodged, so the recommendation to the committee is that the committee does not wish to make any recommendation in relation to the instrument. Is that agreed?

Members indicated agreement.

At the risk of confusing all the bleary-eyed people who are present this morning, I want to jump back to agenda item 1. Item 7 is consideration of the draft report of our conclusions and recommendations on the budget. Item 8 is consideration of the draft report of our conclusions and recommendations on the community care inquiry. Both those reports are private until they become public. Do members agree to take items 7 and 8 in private?

Members indicated agreement.

Good morning, minister.

Good morning.

Thank you for agreeing to appear before the committee this morning. We have acknowledged the sad circumstances in which we are hearing from you, instead of from your new deputy. You will be responding to our questions on community care and giving evidence on subordinate legislation. I would prefer to get agenda item 4, on subordinate legislation, out of the way first so that we can concentrate on community care. Is that acceptable?

Yes.

Agenda item 4 is consideration of emergency affirmative instruments. The draft instruments were sent out to members some time ago, together with a note from the Executive. Committee members have not raised any points with the clerks. Similar Scottish statutory instruments have been debated previously in the committee. Do any members wish to debate the instruments?

No.

I invite the minister to move the motions individually, so that we can deal with them one after the other. There appears to be no need for questions or debate on the issue.

As you said, convener, similar SSIs have been debated previously. I intend, therefore, simply to move the three motions that are before the committee this morning.

You must move each motion separately.

Motion moved,

That the Parliament's Health and Community Care Committee in consideration of the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No 4) (Scotland) Order 2000 (SSI 2000/359) recommend that the order be approved.—[Susan Deacon.]

Motion agreed to.

Motion moved,

That the Parliament's Health and Community Care Committee in consideration of the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (Scotland) Order 2000 (SSI 2000/360) recommend that the order be approved.—[Susan Deacon.]

Motion agreed to.

Motion moved,

That the Parliament's Health and Community Care Committee in consideration of the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No 2) (Scotland) Order 2000 (SSI 2000/370) recommend that the order be approved.—[Susan Deacon.]

Motion agreed to.