Adults with Incapacity (Scotland) Bill
The first item on the agenda is the delegated powers scrutiny of the Adults with Incapacity (Scotland) Bill as amended at stage 2, which we will also get next week. We have received a lengthy brief on the bill and are thankful for the Executive's consideration of our various points.
However, a further point has been raised about paragraph 11 of schedule 2A of the bill, which allows Scottish ministers to make regulations for certain authorities to comply with obligations that might arise under the European convention on human rights. Our legal advice points out that the practice adopted by the Executive of using ordinary statutory instruments for such regulations is unusual, and is comparable to provisions for the enforcement of maintenance orders.
Having had considerable experience of private practice before this Parliament began, I am aware of the practice of enforcing maintenance orders. Perhaps we should ask the Executive why it is proceeding by way of statutory instrument instead of the normal method. Although there might be some good reason for that, it might be helpful, in the light of the European convention on human rights and other matters, to have some co-ordination about progressing these matters. Presumably such issues will raise their heads in years to come.
I agree. If the Executive has good reasons for taking this approach, it should tell us what they are.
Do members agree to flag the matter up with the Executive and await its response? As I said, we are grateful for its co-operation so far.
Members indicated agreement.