Delegated Powers Scrutiny
Local Governance (Scotland) Bill: Stage 1
I welcome members to the second meeting this year of the Subordinate Legislation Committee.
Item 1 is delegated powers scrutiny. This week, we are considering the Local Governance (Scotland) Bill at stage 1. Members will see from their legal brief that the bill contains seven provisions that confer powers on the Scottish ministers to make subordinate legislation. In addition, the bill gives ministers certain direction-making powers.
First, we will consider part 1, "Local government elections". The first order-making power comes under section 1(2). The procedure that is currently proposed for that power is the annulment procedure. Does the committee think that an alternative procedure ought to be suggested?
No.
The proposed procedure is fine.
The second order-making power comes under section 9(1), which makes further provision about local government elections.
It has been noted that section 42 of the Representation of the People Act 1983 is rather more prescriptive than the power conferred by the bill, which is very much wider. Do members think that the procedures that have been selected for that power are appropriate?
I think that they are okay.
I also think that they are okay.
That is agreed.
Section 10(3)(d) inserts two new subsections into section 28 of the Local Government (Scotland) Act 1973. The new subsections are concerned with empowering the Scottish ministers to make rules in relation to the consideration, for the purposes of part 1 of the bill, of electoral arrangements for local government areas. That will replace provisions that are currently enshrined in primary legislation with order-making powers. New section 28(1B) of the 1973 act provides for the affirmative procedure to be used, so as to ensure that the substance of the rules will be subject to parliamentary scrutiny and approval. Are we agreed about that?
Agreed.
Section 17, in part 2, is on the
"Pay, pensions etc. of councillors".
It authorises the Scottish ministers to provide for the payment by local authorities of remuneration, allowances and expenses to members of those authorities. There is provision in section 17(4) requiring ministers to consider recommendations by the proposed Scottish local authorities remuneration committee, where relevant, before making regulations under the section. The only substantive matter mentioned in the legal advice is that of whether annulment is the correct procedure. Are we happy to use annulment for the powers?
Yes.
I think that annulment is fine here.
Section 18(1) concerns "Severance payments for councillors". The issues here are a rerun of those applying to section 17. Is that agreed?
Members indicated agreement.
We come now to part 3, "Miscellaneous and general" provisions. Section 21 is entitled "Ancillary provision". We have raised previously the inclusion of the term "supplemental". I would like to consider section 21 alongside section 23(2), which is on the commencement order.
There is one point that we should raise with the Executive. Although the example that it has supplied to illustrate why it wants to do things in the way that it has was quite persuasive, the fact remains that that is a different way from that which it used in the Criminal Procedure (Amendment) (Scotland) Bill, which we considered last week. It strikes me that, whichever way the Executive or we decide is best, we should at least be using these arrangements consistently and not just doing a pick and mix between one bill and the next. We should ask the Executive why it thought that the arrangement used in the Local Governance (Scotland) Bill was a good one, yet it was apparently not good enough for the bill that we considered last week. Could the Executive consider at least being consistent from one week to the next?
Are we agreed on that?
Yes.
I recall from the previous occasion that there were limits on the provision concerned.