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Mutual Recognition of Criminal Financial Penalties in the European Union (Scotland) (No 2) Order 2014 (SSI 2014/336)
Mutual Recognition of Supervision Measures in the European Union (Scotland) Regulations 2014 (SSI 2014/337)
Our legal advisers have raised the same point on both instruments: there has been a failure to observe the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. As the instruments were laid before Parliament and came into force on 1 December 2014, the requirement to leave a minimum of 28 days between the laying of an instrument and its coming into force has not been complied with.
In this instance, however, the committee might wish to find the breach acceptable, because of the urgent circumstances that have arisen. The powers in section 2(2) of the European Communities Act 1972 could only be used to make the instruments no earlier than 1 December, because that was the date on which the UK Government opted into Council framework decision 2009/299/JHA, to which the instruments give effect. The framework decision also required to be fully transposed and implemented on 1 December. The committee might welcome the fact that the Scottish Government provided it with early notice of its proposals for the instruments and of the unusual set of circumstances that required the breach of the 28-day rule.
Although I recognise that we are obliged, under the rules, to report the breach, we should record our forgiveness of it and our congratulations to the Government on its dealing quite properly with the matter. If we forgive and therefore discount the two breaches, we are—anticipating the rest of the agenda—probably now in a position to be pleased with all the procedures before us. We would like that to continue.
Indeed. Would I be right to reflect that the committee’s view is that the procedure that we have been through and which we briefly discussed with the Minister for Parliamentary Business seems to have been the right one for these very rare circumstances—which, I hope, will not be repeated? We can encourage the Government to think in such terms in future, should it have to.
Speaking as far as my limited knowledge takes me, I think that the Government has played this absolutely appropriately. In the unlikely circumstance of a similar set of events occurring in future, we now have a model to follow.
Does the committee agree to draw the instruments to the Parliament’s attention on reporting ground (j), as there has been a failure to observe the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?
Members indicated agreement.
However, does the committee agree to report that it finds the breach to be completely acceptable in this instance and to welcome the fact that the Scottish Government gave the committee early notice of its proposals with regard to the instruments and the reasons for the breach?
Members indicated agreement.
Land and Buildings Transaction Tax (Prescribed Proportions) (Scotland) Order 2014 (SSI 2014/350)
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Land and Buildings Transaction Tax (Qualifying Public or Educational Bodies) (Scotland) Amendment Order 2014 (SSI 2014/351)
No points have been raised by our legal advisers on the order. Is the committee content with it?
Members indicated agreement.
Land and Buildings Transaction Tax (Definition of Charity) (Relevant Territories) (Scotland) Regulations 2014 (SSI 2014/352)
No points have been raised by our legal advisers on the regulations. Is the committee content with them?
Members indicated agreement.