Official Report 276KB pdf
The purpose of agenda item 4 is for the committee to consider the delegated powers in the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill at stage 1.
The schedule to the bill sets out a scheme under which a fixed penalty may be applied for as an alternative to a prosecution under the criminal law. Paragraph 8 confers power on the Scottish ministers to make regulations about the application of the proceeds of fixed penalties, the keeping of accounts and the preparation and publication of statements of account relating to the proceeds. The proposed parliamentary procedure is the affirmative procedure, given that the power relates to the use of public resources.
The committee may consider that the justification for using the affirmative procedure appears sound when it is applied to regulations concerning how the proceeds should be defrayed, but in so far as the power relates to the administrative matter of the keeping of accounts the committee may take the view that it would not be an effective use of parliamentary time to require it to be subject to the affirmative procedure.
Does the committee wish to recommend that the negative procedure would provide a more appropriate form of scrutiny with regard to the administrative matters that are dealt with in paragraph 8(b)?
Members indicated agreement.
Is the committee otherwise content with the power?
Members indicated agreement.
Is the committee content with the other powers in the bill and the associated procedure?
Members indicated agreement.
The next meeting will be next Tuesday.
Meeting closed at 10:28.