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Chamber and committees

Justice Committee

Meeting date: Tuesday, June 12, 2012


Contents


Subordinate Legislation


Fire and Rescue Services (Framework) (Scotland) Order 2012 (SSI 2012/146)

The Convener

There are three negative instruments for consideration. The Subordinate Legislation Committee has drawn the Parliament’s attention to Scottish statutory instrument 2012/146 on the ground that it appears to be defectively drafted. The Subordinate Legislation Committee has also drawn the Justice Committee’s attention to the Scottish Government proposal that the framework be republished in June without the Parliament having seen the final version of the document. Do members have any comments?

It seems inappropriate.

Yes.

Your comments are? I know that you are numb now.

I would like to see a properly drafted version of the order before we wave it through.

The Convener

It has been a long day, so if members have concerns about the order I will pre-empt them by saying that we could write to the Minister for Community Safety and Legal Affairs, Roseanna Cunningham, to ask her to respond to the concerns of the Subordinate Legislation Committee at our next meeting. The minister is due to appear at that meeting on the Crime and Courts Bill legislative consent memorandum, and to move some affirmative instruments.

As usual, it is for individual members to consider whether they wish to lodge a motion to annul the order, which could be moved at next week’s meeting. On the other hand, members may want to hear the minister’s explanation first. Will we write to the minister regarding the Subordinate Legislation Committee’s concerns?

Members indicated agreement.

I point out that members cannot move a motion to annul without notice. Members may wish to hear what the minister has to say.

Will the minister not just say that it is an error in drafting that will be corrected?

I think that it is more than an error in drafting. It goes beyond that.

It is based on a document that does not exist.

The Convener

Yes. We will put the issues that the Subordinate Legislation Committee raised to the minister and give her the opportunity to respond. If members are not content with that, they will still have time to intimate a motion to annul. [Interruption.] No; they will not. They would have to lodge the motion, then not move it.

To clarify, we will write to the minister and ask her to address the Subordinate Legislation Committee’s concerns. However, if any member wanted a back-stop to the process, they would have to lodge a motion to annul and then intimate that but not move it. That would be a belt-and-braces approach.

When does the motion need to be lodged?

Any time before the meeting takes place. Is that okay? That is a belt-and-braces approach.


Licensed Legal Services (Complaints and Compensation Arrangements) (Scotland) Regulations 2012 (SSI 2012/153)

The Convener

The second instrument for consideration is SSI 2012/153. The Subordinate Legislation Committee has not drawn the Parliament’s attention to the instrument on any grounds within its remit. Are members content to note the instrument?

Members indicated agreement.


Licensed Legal Services (Maximum Penalty and Interest in respect of Approved Regulators) (Scotland) Regulations 2012 (SSI 2012/155)

The Convener

The third and final instrument is SSI 2012/155. Again, the Subordinate Legislation Committee has not drawn the Parliament’s attention to the instrument on any grounds within its remit. Are members content to note the instrument?

Members indicated agreement.

The Convener

Our next meeting will take place on Tuesday 19 June, when we will take evidence from the Minister for Community Safety and Legal Affairs on the Crime and Courts Bill legislative consent memorandum. We will also address with the minister the issues that have been raised by the Subordinate Legislation Committee, as discussed.

We will also take evidence from Rhoda Grant on her proposed criminalisation of the purchase of sex (Scotland) bill. That will allow the committee to decide whether it is satisfied with the reasons given by Rhoda Grant for not consulting on the draft proposal. I think that Rhoda took over the bill from Trish Godman.

Finally, we will consider our work programme. I know that members are looking forward to all that. Here endeth the lesson and the meeting.

Meeting closed at 12:39.