Subordinate Legislation Committee
Meeting date: Tuesday, March 16, 2010
Official Report
465KB pdf
Public Services Reform (Scotland) Bill: After Stage 2
We consider parts 1 to 2A of the bill today; we will consider the remaining parts at our meeting next week.
Section 8A will insert new sections into the Forestry Act 1967. Proposed new section 7C provides for the delegation of certain functions of commissioners of the Forestry Commission under the Forestry Act 1967. The delegated power confers the power to modify the provisions in section 7C(4) without further Parliamentary scrutiny of the modification. Such a Henry VIII power, where it is agreed to by the Parliament, would normally be exercisable by subordinate legislation subject to affirmative procedure.
Do we want to ask the Scottish Government to explain fully why it has considered it appropriate that the power of direction that will be conferred by new section 7C of the 1967 act should be exercisable in the form of direction by the Scottish ministers rather than by subordinate legislation?
Members indicated agreement.
On the intention behind section 25F, on the power to require the provision of information on expenditure, the supplementary delegated powers memorandum states:
“This power enables the Scottish Ministers to obtain further information on expenditure incurred by each person, body or office-holder listed in schedule 3 on any matter as the need arises, without resorting to primary legislation in each instance.”
We should urgently ask the Scottish Government to explain, first, whether it considers that section 25F is sufficiently clearly drawn to give effect to that intention; secondly, and in particular, whether the power could be clearer and could be used to specify matters of different kinds and, in relation to any body listed, on a case-by-case basis; thirdly, to whom information is to be provided and whether the intention is that information will be provided only to the Scottish ministers, as the drafting suggests, or that it will be disclosed to others or published; and fourthly, whether the power could be more narrowly drawn, to enable particular types or classes of information to be prescribed, as the need arises. Is that agreed?
Members indicated agreement.
We will consider the Government’s response, along with the rest of the delegated powers at our meeting next week, when we will conclude our report.
We move on to part 2, “Order-making powers”, and the intended scope of the delegated power in section 10(5)(aa). The provision confers the power for a section 10 order, creating a new body, to include provision adding that “person, body or office-holder” to the list of Scottish Parliamentary Corporate Body-sponsored bodies in schedule 3A. However, we might want to ask whether it is intended that there should be powers consequentially to remove bodies from schedule 3A, if they are later removed from schedule 3, or to add a new person, body or office-holder to schedule 3A, other than where a section 10 order will create the new body. Do members agree to ask about that?
Members indicated agreement.