Official Report 447KB pdf
We come to agenda item 6. Members will have noted that the Scottish Government has provided a supplementary delegated powers memorandum and will have seen the briefing paper.
Stage 3 is due to take place on Wednesday 25 June. The deadline for lodging amendments is 4.30 this Thursday—19 June. The committee may therefore wish to agree on its conclusions today.
Newly inserted section 77A provides that elected and certain other politicians are disqualified from hearing housing cases that are transferred under the bill to the first-tier tribunal. Newly inserted section 77B amends the Rent (Scotland) Act 1984 to provide that the same elected and other politicians are also disqualified from being appointed as, or remaining, a member of the Private Rented Housing Panel. Both provisions confer power on the Scottish ministers, by order, to modify the list of disqualified offices. Does the committee agree to recommend that the Scottish Government lodge amendments at stage 3 to make the new powers in section 77A(3) and proposed new paragraph 1A(2) of schedule 4 to the 1984 act, which is inserted by section 77B of the bill, subject to the affirmative procedure?
Members indicated agreement.
I certainly agree with that recommendation, but I make the more general point—I have made it elsewhere—that it would be good practice, if and when the Government amends the list, for it to republish the entire list in the amending order rather than to publish just the amendments. That would avoid the subsequent need to restate the list after large amounts of amendments. It is useful to have that on the record.
That is a familiar plea, with which I suspect we all agree.
Does the committee agree to report that it is otherwise content with the newly inserted powers in sections 77A and 77B of the bill?
Members indicated agreement.
It is suggested that the committee may be content with all the other provisions in the bill that were amended at stage 2 to insert or substantially alter provisions that confer powers to make subordinate legislation and other delegated powers. Are we content to report accordingly?
Members indicated agreement.
We understand that relevant stage 3 amendments might be lodged, but we will have the opportunity to consider them next week.