Subordinate Legislation Committee, 18 Sep 2007
Meeting date: Tuesday, September 18, 2007
Official Report
102KB pdf
Delegated Powers Scrutiny
Abolition of Bridge Tolls (Scotland) Bill: Stage 1
This is the committee's first consideration of the delegated powers contained in a bill since this version of the committee came into being. The bill is extra short, which will make it a little bit easier.
The bill contains only one delegated power, in section 4(2), and that is a commencement power. The delegated powers memorandum sets out the reason for taking such a power, which is not subject to parliamentary procedure. I have looked through the legal brief—I am sure that other members will have done so too—and there do not seem to be any problems with the power. Are members content that, in the circumstances, the power in section 4(2) is acceptable and that it is appropriate that its exercise is not subject to parliamentary procedure?
I have a concern about the power and, although I will not go against the recommendations, I want to place that on the record.
I am concerned that we are being asked to agree that the commencement power could be delegated in such a way that, although Parliament will enact the legislation to ensure that the bridge tolls are removed, there could be an unduly long delay in the provisions being commenced. I appreciate that there are human relations issues with the bridge staff and trade unions and so on, and I understand that grant funding arrangements need to be put in place, but I do not want Parliament to give the Government carte blanche over when to commence the provisions. I want to be assured that it will be done as quickly as possible after the Parliament has enacted the bill.
We have to be mindful of the role and responsibilities of the committee. Although I hear what Helen Eadie is saying, that is an issue that will have to be taken up elsewhere.
Are members content with the delegated power?
Members indicated agreement.