Subordinate Legislation Committee,

Meeting date: Tuesday, May 14, 2002

Official Report 86KB pdf

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Delegated Powers Scrutiny

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School Meals (Scotland) Bill

The first item of business is scrutiny of the delegated powers in the School Meals (Scotland) Bill, which has been introduced by Tommy Sheridan. We welcome Tommy to the meeting. As the instigator of the bill, he is entitled to take part in any meetings that deal with it.

We all know the purpose of the bill. What we must do is consider its subordinate legislation provisions. Our legal advice is that there appear to be no real difficulties with the bill's subordinate legislation procedures. However, we might want to ask Tommy why the definition of a nutritious meal in not included in the bill, but is being assigned to subordinate legislation and guidance. The Subordinate Legislation Committee often asks for matters to be included in a bill, when the Executive does not want to go into detail. Therefore, I ask Tommy Sheridan to explain why the definition of a nutritious meal is not included in the bill.

First, I emphasise that the free meal being nutritious is central to the bill. The fact that the bill does not define a nutritious meal should in no way be seen as an attempt to undermine that important aspect. The lack of such a definition is simply a recognition that we do not feel qualified to define a nutritious meal.

Also, we do not want to second-guess the consultation that will result from what we have written in to the bill. The Executive will be required to consult not just nutritional experts, education departments or parents, but pupils as well. We have tried to include in the bill a requirement for specific bodies to be consulted on the definition of a nutritious meal.

If we had included that definition, then frankly, there would have been much debate about whether the protein and fat content of the meals was high enough, et cetera. We would much rather have such debates after we have won the principle of the provision of healthy school meals. The nutritional aspects of the meals can then be worked out in consultation with the relevant bodies that are mentioned in the bill.

Does anyone want to comment on that or ask Tommy questions?

I wonder about using regulations to require milk and water to be made available with the nutritious meals. I am concerned only about the technical side of the bill, not about the policy. However, would the requirement to provide milk and water not be included within the nutritious meal requirement?

We want the requirement to provide milk and water to be a separate provision. The meal being nutritious is one aspect, but we want milk and water to be made available as well. However, we must also take on board cultural, religious and health aspects. For example, a small minority of children is allergic to dairy products and things of that character. Therefore, consultation on such aspects must be part of the whole consultation process.

So the requirement to provide milk and water would be included in regulations.

Yes.

Is everyone satisfied that those are the only questions that we have for Tommy and that, as the legal advice suggests, no other elements of the subordinate legislation in the bill as drafted worry us?

I think we can be satisfied with the bill as it stands.

Okay. Thanks, Tommy.

Thanks very much.