Subordinate Legislation Committee, 15 Sep 2009

Meeting date: Tuesday, September 15, 2009

Official Report 84KB pdf

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Control of Dogs (Scotland) Bill: Stage 1

Item 2 is consideration of the delegated powers in the Control of Dogs (Scotland) Bill, which is Christine Grahame's bill.

Section 2(7) contains a power to amend the content of a dog control notice, including by adding requirements or examples of steps to be taken. Does the committee agree to seek clarification, having regard to the final sentence of paragraph 7 of the delegated powers memorandum, as to whether the power in section 2(7)(a) to amend any paragraph of section 2(1) could not be used so as effectively to remove a requirement contained therein—notwithstanding the power in section 2(7)(b), which refers simply to the amendment of section 2(1) by adding a further requirement?

Members indicated agreement.

Do we agree that the proposed power under section 2(10) to prescribe a form for a dog control notice is acceptable in principle and that it should be subject to negative procedure?

Members indicated agreement.

Section 4(4) contains a power to permit the sharing of and access to information held by a local authority as regards any dog control notice served by that local authority. Do we agree that the proposed power under section 4(4) is acceptable in principle and that it should be subject to affirmative procedure?

Members indicated agreement.

Section 8 contains a power to

"provide … for the establishment, maintenance, operation and control"

of a Scottish dog control database and for the appointment of a database manager. Do we agree to seek further clarification with regard to the power taken under section 8, with reference to the purpose of the database and the effect of an entry being made on it?

Members indicated agreement.

The committee might wish to probe the breadth of the general order-making provision in section 8(1). Notwithstanding the fact that paragraph 19 of the delegated powers memorandum indicates that the power under section 8 is concerned with matters of a technical and detailed nature and is more closely related to the operation rather than the principles of the bill, we should ask whether the power in section 8(1) could not, having regard to the provision that it makes for the operation of a database, be used for purposes extending significantly beyond the nature of what is detailed in section 8(3). We should agree to seek confirmation that that power cannot be used to make provision as to the effect of the database and the effect of being included in it. Do members agree to do that?

Members indicated agreement.

Do we agree that the proposed power under section 11 to prescribe procedure in applications to discharge disqualification by rules of court is acceptable in principle and that it should not be subject to any parliamentary procedure?

Members indicated agreement.