Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 (draft)
We move on to consider subordinate legislation. For a variety of reasons, about which I probably do not need to go into detail, the Deputy Minister for Finance and Public Service Reform, Tavish Scott, will move the motion on the draft Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004. I thank the minister for coming. The officials who accompany the minister are not those about whom the committee was notified; perhaps the minister will introduce them.
Thank you, convener—I was just looking at your agenda because I was intrigued to know what item 5 was.
The committee is asked to consider the instrument, which is subject to the affirmative procedure and would modify the Mental Health (Care and Treatment) (Scotland) Act 2003. The Subordinate Legislation Committee made no comment on the instrument. Does any member want to seek clarification from the minister and officials on the order?
No.
This might be a quick and quiet visit, minister.
I am sure that we would both be grateful for that, convener.
If no member wants to debate the instrument, I invite the minister to move motion S2M-1913.
Motion moved,
That the Health Committee recommends that the draft Mental Health (Care and Treatment) (Scotland) Act 2003 Modification Order 2004 be approved.—[Tavish Scott.]
Motion agreed to.
I think that that means that the minister and his officials can be released.
Genetically Modified Food (Scotland) Regulations 2004 (SSI 2004/432)<br />Genetically Modified Animal Feed (Scotland) Regulations 2004 (SSI 2004/433)
Feeding Stuffs (Scotland) Amendment<br />(No 2) Regulations 2004 (SSI 2004/458)<br />Food Labelling Amendment (No 2) (Scotland) Regulations 2004 (SSI 2004/472)
We move on to item 3, which is consideration of four instruments that are subject to the negative procedure. The Subordinate Legislation Committee made no comment on the Feeding Stuffs (Scotland) Amendment (No 2) Regulations 2004 (SSI 2004/458) or the Food Labelling Amendment (No 2) (Scotland) Regulations 2004 (SSI 2004/472), but commented on the Genetically Modified Food (Scotland) Regulations 2004 (SSI 2004/432) and the Genetically Modified Animal Feed (Scotland) Regulations 2004 (SSI 2004/433). Those comments have been reproduced in the paper that has been circulated to members. I have received no comments from members about the instruments.
Time and again the Subordinate Legislation Committee tells us about faulty drafting. I believe that we took up the matter with the Minister for Health and Community Care about a year ago, but I wonder whether we are again in a situation in which a meeting is needed with the Conveners Group—or whoever meets officials—to find out why such queries come up so often.
I agree. The Subordinate Legislation Committee raised not a substantive but a drafting issue. David Davidson makes a fair point and we can relay his comments to the Conveners Group.
Members indicated agreement.
That concludes the public part of the meeting. We will have a brief break while visitors leave.
Meeting continued in private until 15:53.
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