Official Report 161KB pdf
Animal By-Products (Identification) Amendment (Scotland) Regulations 2003 (SSI 2003/53)
We received a late response to our question about the regulations. Perhaps we should refer the matter to the lead committee, because the Food Standards Agency says that a stain is not a stain and does not affect the characteristics of products. Those of us who wear nice quality suede know that that is untrue. That is a policy question for the lead committee.
Community Care and Health (Scotland) Act 2002 (Transitional Provisions) Order 2003 (SSI 2003/63)
I will change the order of the instruments on the agenda to match that in our briefing papers.
The headnote contains the wrong date. It refers to 28 February, but the correct date is 31 May. The Executive will issue the correction free.
The Executive says that that was a typo. The easiest way of dealing with the matter is to treat it as a typo.
The Executive did not agree with our suggestion that there might be a problem with definitions, but that might nonetheless be worth putting in our report to the lead committee.
We queried terms such as "medical practitioner" and "medical list", but the Executive did not agree that the reader would be confused.
The drafting might technically be incorrect, but it does not affect the instrument's validity.
We did not say that. We said that people would have difficulty in working out what the Executive meant. The Executive says that they will not and we say that they will.
If we have difficulty, other people might have difficulty.
Speak for yourself.
Okay. The committee will note that the drafting could have been better.
National Health Service (General Medical Services Supplementary Lists) (Scotland) Regulations 2003 (SSI 2003/64)
We put 13 points to the Executive last week. The Executive has acknowledged defective drafting on a substantial number of points.
That covers six of our points.
The Executive has acknowledged that its meaning could be clearer in relation to four points that we made.
That makes 10 points. Three are outstanding—what happened to them?
We will draw to the attention of the Parliament and the lead committee an unusual or unexpected use of powers. We also think that the Executive's powers over one matter are a wee bit limited. I do not know whether we need to go into huge detail, as our report to the lead committee will make matters clear.
Is there a course for defective drafters?
Our question about criminal convictions is important.
Does the system operate like that for the General Teaching Council, in that courts throughout the United Kingdom are expected to report automatically to a professional body for a listed profession? I can see why that might not apply outwith the UK, because Juan in Barcelona might not know that the General Medical Council or the GTC exists.
He should know that now, but never mind.
I am sure that he does. Let us think of someone in Ulan Bator.
Do we want to know anybody there?
If he has a doctor who is committing murder, we might want to know him.
We need to know, if that doctor wants a job here.
Was what I described the rationale? It is easy enough to comprehend the situation where the regime applies, because UK courts will do what they are required to do, but non-UK courts are not part of the regime.
The matter is important and we should ask the Executive about it.
The fact that we do not know the answer suggests that we should ask the Executive.
We will ask the Executive, but the lead committee might be interested in reviewing the policy.
The lead committee might be interested in the fact that we do not know the answer and might want to find out the answer.
We must ask the Executive when it will consolidate the regulations, because there are so many that it is becoming difficult for anyone to decide what they mean. There are about seven different laws involved, I think, although I am not certain about that.
The consolidation would probably make the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill look like a fish cake.
Domestic Water and Sewerage Charges (Reduction) (Scotland) Regulations 2003 (SSI 2003/65)
The Executive sent us an untrue copy of the regulations.
That is bad.
That was not good practice.
It makes people suspect other things.
I think that it was an accident.
They are all accidents.
We made a point about some wording that makes no sense. We need to say in our report that the drafting does not follow proper legislative practice.
The wording does not affect the outcome for the consumer, but it does not follow good practice.
Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2003 (SSI 2003/56)<br />Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment Order 2003<br />(SSI 2003/66)
The Executive acknowledges that there was defective drafting in the original order. We might like to bring that to the attention of the lead committee.
Yes. We raised three points with the Executive on the original order.
We asked the Executive about the requirement for a logbook to be submitted, which appeared to be a wee bit unfair. However, that measure is to ensure compliance with the regulations. The Executive's explanation justifies the measure because what appeared to be an illogical requirement is, in fact, logical.
It is a fairness measure, actually.
Yes. A similar issue arises in relation to an instrument that we will consider later. The committee had to ask about the matter because at first reading it looked suspicious.
The Executive also gives a response to our third question, which was whether the amended order should be issued free of charge. It looks a bit picky and mean not to issue the amended order free of charge.
It is very mean.
The Executive says that the amended order does more than just correct errors in the original order, so the amended order will not be free of charge.
I have marked that section in my copy of the legal briefing with exclamation marks. I just think that the Executive should show more understanding of the fishermen.
All the instruments are on the web, however.
Fishermen do not have time to go on the web.
Well, they do now.
Oh.
He will wish that he had not said that.
Is the order not about unused fishing days?
Yes.
I am genuinely sure that folk will be poring over it.
Aye, but they are out looking for work, Brian.
Community Care and Health (Scotland) Act 2002 (Commencement No 2) Order 2003 (SSI 2003/62)
On the Community Care and Health (Scotland) Act 2002 (Commencement No 2) Order 2003, we wanted the Executive to clarify a matter similar to the one that we have just discussed in relation to the days at sea. We wanted to ensure that there was no unfairness. Our question was whether there would be any retrospection. The Executive has said that there will not be.