Official Report 242KB pdf
Family Law (Scotland) Bill: Stage 1
Item 2 is delegated powers scrutiny of the Family Law (Scotland) Bill at stage 1. Committee members will remember that we raised two points with the Executive. The first of those was to do with the parental responsibilities and parental rights of unmarried fathers under section 17(3). We were concerned that the power in proposed new section 3(1B) of the Children (Scotland) Act 1995 need not necessarily be as restricted as the Executive envisaged in the policy memorandum and could be used to extend parental responsibilities and rights to a father who had not registered anywhere as the father of the child. The Executive has interpreted the possible use of the power in the same way as the committee does, but it does not seem to believe that the power can be used more widely. Which of the options before us should we go for? I am tempted to press for the power to be limited in the bill to make sure that it is going to do what the Executive wants it to do.
I agree.
Are we all agreed?
The second area with which the committee is concerned is section 34 of the bill, on the short title and commencement. Members will recall that the two provisions may be brought together in one instrument. The committee thought that it would be better to separate the powers and have two instruments instead of one. The Executive does not seem to think that that is necessary. What does the committee think that we should say to the lead committee?
Once Parliament has agreed that it is content with the bill's proposals and it has had the debate, the commencement order should not provide an opportunity for any issue to be raised again. The powers should be split between two statutory instruments.
I agree.
So that is the report that we are recommending making to the lead committee and Parliament.
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