Subordinate Legislation Committee, 12 Jan 2010
Meeting date: Tuesday, January 12, 2010
Official Report
105KB pdf
Equality Bill
Welcome to the first meeting in 2010 of the Subordinate Legislation Committee. I wish everyone a slightly belated happy new year.
We have apologies from Margaret Curran and Rhoda Grant. Could everyone remember to switch off their mobile phones and BlackBerrys? I say that every week.
We will consider for our interest the legislative consent memorandum that has been lodged in relation to the United Kingdom Equality Bill. We have to report on two powers. The first—the power to amend section 1—is in clauses 2(4), 2(8) and 2(9). Does the committee agree to report to Parliament that it appears that the delegated powers require to be used in clause 2 to engage the application of the duty for Scotland in order to meet the legislative timetable in the Westminster Parliament? Do we agree to question whether that is a proper use of delegated powers, especially given that the Scottish Parliament has no opportunity to amend the scope of the powers conferred on the Scottish ministers that are within legislative competence and which are inherently restricted in their application by the position adopted in relation to England?
Does the committee also agree that it is not clear why the duty cannot be applied to devolved functions of authorities that have functions in relation to Scotland and outside Scotland, since Scottish ministers' powers do not extend to such authorities by virtue of clause 2(5)(a), and the powers of ministers of the Crown do not extend to devolved functions by virtue of clause 2(3)?
Do we also agree to report to Parliament that the committee considers that, given the policy significance of the extension of the proposed socioeconomic duty to Scottish public authorities, regulations under clauses 2(4), 2(8) or 2(9) should be subject to affirmative procedure and not, as currently drafted, negative procedure? Finally, are we happy to note that the availability of those powers depends on commencement of the powers by order of the minister of the Crown?
Are we content to report those issues, as I have read them out, to the lead committee and Parliament?
Members indicated agreement.
On clause 37, "Adjustments to common parts in Scotland", do we agree to report that the committee is content with the power in clause 37(1) in principle, and that it is subject to affirmative procedure?
Members indicated agreement.