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Chamber and committees

Justice Committee, 13 Jan 2009

Meeting date: Tuesday, January 13, 2009


Contents


Subordinate Legislation


Law Applicable to Non-Contractual Obligations (Scotland) Regulations 2008 (SSI 2008/404)

The Convener:

Agenda item 3 is consideration of one piece of subordinate legislation subject to negative procedure. The Subordinate Legislation Committee drew the regulations to our attention on the ground that it considers the use of negative procedure appropriate in this case but that it would have been helpful if the choice of procedure had been set out in the accompanying Executive note.

The Subordinate Legislation Committee also noted that, when an instrument affects primary legislation, the starting point should be a presumption in favour of affirmative procedure. It would then be for the Scottish Government to explain and justify the use of negative procedure.

Neither of those points affects the validity or operation of the regulations. Do members have any questions or are they content to note the regulations?

I have just one question. I am starting to make a reputation for myself for this sort of thing.

That reputation has been in existence for quite some time. [Laughter.]

Robert Brown:

The cover note states that the regulations amend the Prescription and Limitation (Scotland) Act 1973. Against the background of the debates that have taken place about asbestos and about historic abuse, I wonder whether we can be assured that the regulations do not do anything peculiar in that direction and deprive people of rights that they would otherwise have. I do not think that they will create a situation in which some cases are time barred and some are not, but I would like an assurance about that.

I am pretty certain that the regulations do not do that, but I am more than happy for us to institute the appropriate inquiries of the Government.

Thank you.

Is it agreed that we should write to the Government in those terms?

Members indicated agreement.

That concludes the public part of the meeting.

Meeting continued in private until 12:55.