Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2000 (SSI 2000/Draft)
The second item on the agenda is consideration of draft affirmative instruments. I think that Fergus Ewing had a point about the Scotland Act 1998 (Cross-Border Authorities) (Adaptation of Functions etc) Order 2000.
Yes, convener. Perhaps the Executive could give further thought and direction to this committee about the meaning of the phrase "or otherwise" in paragraph 4(1) of the order. It appears that, in relation to the cross-border authority of the National Heritage Memorial Fund, the Prime Minister is under obligation to consult Scottish ministers before he appoints
"(a) the chairman of the Trustees, and
(b) any person under this section on the ground that he is connected by residence or otherwise with Scotland".
How is someone connected with Scotland other than by residence? That could mean just about anything. Does a visit to a certain part of Sutherland or Perthshire, the presence of a Highland granny or absentee ownership of a few thousand acres allow an applicant to qualify for an appointment?
The committee will understand that I am just speculating. However, one should contrast that rather vague provision with the provision in this instrument that applies to the British Library Board or the Theatres Trust, where members must
"have special knowledge of Scotland".
That is a much clearer test, as applicants can presumably be quizzed on such knowledge. In comparison, the phrase "or otherwise" seems hopelessly vague, and perhaps the Executive can help us with the matter.
The point is well made.
I absolutely agree with Fergus Ewing. If we remember that anyone with a Scottish granny can play football for Scotland, we need clarification on the matter.
Our legal briefing indicates that adjustments to the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2000 merely take into account inflation increases, which will doubtless be welcomed by recipients and lawyers. However, no points arise for the committee on the instrument.
A similar position holds for the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2000. No legal points arise for the committee.