Subordinate Legislation Committee

Meeting date: Tuesday, September 13, 2011

Official Report 262KB pdf

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Work Programme

Item 4 concerns the committee’s work programme. Members will recall that we discussed it at an earlier meeting so, to some extent, what follows consolidates and homologates what we did then. The purpose is to consider issues on the committee’s work programme and working practices that were raised at the committee’s business planning meeting. In particular, we are invited to agree our approach on consolidation and correction slips.

On consolidation, the committee is invited to direct the clerks to undertake a comparative study into models of consolidation in other legislatures and to write to the Scottish Government to understand better why there has been little impetus for consolidation and why the pilot exercise in the third session proved to be limited. We will discuss that first and talk about correction slips in just a moment. Does anyone have anything further to say about consolidation?

We had a fairly full discussion about it at our business planning meeting. The consensus was clear when we came out of that meeting.

Are we happy that the clerks talk to officials and that we get to understand the situation better before we say anything further?

Members indicated agreement.

The committee is invited to direct the clerks to draw up arrangements for it to consider for monitoring the printing and publication of correction slips. We spoke about that earlier and that was the agreed way forward. If we ask the clerks to do that, we can see where it gets to.

That is fine. As James Dornan said on consolidation, we discussed that at the business planning day.

My concern reflects what I said last week: those who are responsible must understand that we will not just rubber stamp stuff. It is incumbent upon them, whoever they are, to ensure that due process is followed. Otherwise, we are wasting our time.

I am concerned about the what and I am now also concerned about the who.

In the first instance, I am with you. Our job is to ensure the highest possible standards of drafting in the instruments that come to us.

If it is a wee bit sloppy, it will continue to be sloppy and the whole process will be sloppy.

In the previous parliamentary session the Rural Affairs and Environment Committee was on the receiving end of many statutory instruments, some of which, in the earlier part of the session, were not at all well drafted. The committee took the unprecedented step of refusing to accept an instrument and it must be said that the quality of drafting improved markedly thereafter.

It is an enormous chore for committees to receive screeds of paperwork along with statutory instruments because something is improperly drafted. This committee should take a strong line on seeking to improve the quality of drafting wherever it can. I am sure that you have covered that already.

Thank you, sir. On the basis of last week’s meeting, we can say that we have already started.

On correction slips, it is important that the citizen is able to get hold of the right law once it has been made. We need to ensure that those systems work well, and we encourage the clerks to explore how well they are working.

That brings us to the end of item 4. Item 5 is in private.

14:40 Meeting continued in private until 14:48.