Delegated Powers and Law Reform Committee
Meeting date: Tuesday, June 18, 2013
Official Report
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Post-16 Education (Scotland) Bill: After Stage 2
Agenda item 4 is consideration of the delegated powers provisions in the bill after stage 2. Members will have noted that the Scottish Government has provided a supplementary delegated powers memorandum and will have seen the draft report and the briefing paper.
Stage 3 consideration of the bill is due to take place on Wednesday 26 June. As the deadline for lodging amendments is 4.30 pm on Thursday 20 June—this Thursday—the committee may wish to agree on its conclusions today.
The committee may wish to note that, as with the power in section 15(1), the exercise of the power in section 15(2A) appears likely to engage the rights under article 8 of the European convention on human rights of the persons whose personal data is shared through an order under that section.
Does the committee agree to report that the exercise of that power should be subject to the affirmative procedure, to ensure adequate parliamentary scrutiny of its use?
Given that the bill provides for the use of the affirmative procedure, I am not quite sure what the intention is of saying that the power “should be” subject to the affirmative procedure. In that sense, paragraphs 11 and 12 of the draft report that is before us should be transposed. That would ensure that our remarks about the operation of the power are made in the context of our having recognised that the use of the affirmative procedure is already provided for.
If we are to do that—others might disagree, as I am not sure that I have considered this properly—we should perhaps substitute “however” for “therefore” in what is currently paragraph 11.
Yes.
Okay.
Notwithstanding that the use of the affirmative procedure is already provided for, does the committee agree to report that, when it considers any subordinate legislation that is made under the power, it will wish to be reassured that adequate consideration has been given to the convention rights—in particular, those under article 8—and that, to the extent that article 8 is engaged, any interference is capable of being objectively justified and is proportionate?
Members indicated agreement.
Are members comfortable with the suggestion that we change the order of the paragraphs and modify the wording accordingly?
Members indicated agreement.
We will do that.
Does the committee agree to report that it welcomes the fact that various amendments to the delegated powers provisions that were agreed at stage 2 implement recommendations in the committee’s stage 1 report?
Members indicated agreement.
Does the committee agree to report that it is otherwise content with the powers in the bill as amended at stage 2?
Members indicated agreement.