Official Report 78KB pdf
Fergus Ewing is not here, but he raised a point about consultation and we have had a request on the matter. It may be appropriate for us to draw to the attention of the lead committee and the Executive our view that consultation should be taken on board.
The committee's view is that the expectation of consultation that exists has not been fulfilled in this case. That is also the legal advice that we have been given. Consultation is a key principle to which the committee should want to draw attention. I suggest that we draw to the attention of the Parliament the committee's request and the reasons for it. We can tell Parliament what the Executive said and let members think about it.
That seems appropriate. We are trying from the outset to lay down guidelines and markers so that people understand the parameters within which we operate. If we believe that consultation is appropriate, we should encourage Parliament to draw the Executive's attention to that fact. Is it agreed, therefore, that we shall notify the lead committee?
The Executive has indicated in its response that a certain degree of consultation did take place. It would be fair for us to ask that, as a general principle, that be indicated in the subordinate legislation that comes to us.
That is fine.