Health Committee, 17 Jan 2006

Meeting date: Tuesday, January 17, 2006

Official Report 170KB pdf

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Subordinate Legislation

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Scotland Act 1998<br />(Transfer of Functions to the Scottish Ministers etc) Order 2006 (draft)

I welcome everybody to this afternoon's meeting of the Health Committee. I have received apologies from Shona Robison. We have received no other apologies, so I expect other committee members to come. I will give the officials with the Deputy Minister for Health and Community Care a few moments to take their seats.

Item 1 is consideration of subordinate legislation. The committee is asked to consider under the affirmative procedure the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2006. I welcome the Deputy Minister for Health and Community Care to the meeting. For the purposes of the draft order, he is accompanied by David Roy from the Food Standards Agency Scotland and by James Preston.

As is indicated in the committee's papers, the Subordinate Legislation Committee has considered the draft order and has made no comment. The Justice 2 Committee has also considered it and has made no comment. No member wishes to seek from the deputy minister clarification on the order, and no member wishes to debate it. I therefore invite the minister to move motion S2M-3801.

Motion moved,

That the Health Committee recommends that the draft Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2006 be approved.—[Lewis Macdonald.]

Motion agreed to.

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Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 (draft)

Under item 2, the committee is asked to consider under the affirmative procedure the draft Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006. For the purposes of this draft order, the Deputy Minister for Health and Community Care is accompanied by Kerry Chalmers and Dr Carol McRae.

As has been indicated in the committee papers, the Subordinate Legislation Committee has considered the instrument and has made no comment. Does any member seek clarification from the deputy minister?

I have a query about proposed new subparagraph (2C)(g) of paragraph 5 of schedule 1 to the Civic Government (Scotland) Act 1982, which paragraph 5 of the schedule to the draft order will insert. It states:

"skin piercing shall not be carried out on a child under the age of 16 unless accompanied by a person who has parental rights and responsibilities in respect of that child and who has also given their consent in writing".

Before I saw the detail of the order, I was concerned that consent in writing could be falsified by a friend or whomever. Will the adult who accompanies the child have to have written proof of whether or not they have parental rights?

A requirement is certainly put in place for parental consent to be given in person. I am looking to my colleagues for any confirmation on this, but the provision makes it clear that it is the responsibility of the operator of the premises to ensure that a person is, for example, over 16. I assume that the same would apply in relation to a parent. It is the responsibility of the operator of the premises to be satisfied before carrying out any procedure that the person who is claiming to be a parent or to have parental rights is indeed such a person.

I presume that there is no such requirement in place at the moment.

That is essentially the case. We are introducing a new provision.

There are no further questions, and no members have expressed a wish to debate the instrument. I invite the minister to move motion S2M-3778.

Motion moved,

That the Health Committee recommends that the draft Civic Government (Scotland) Act 1982 (Licensing of Skin Piercing and Tattooing) Order 2006 be approved.—[Lewis Macdonald.]

Motion agreed to.