Official Report 150KB pdf
Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 (draft)
We brought our concerns on the regulations to the Executive's attention. The Executive has accepted our point on the defective drafting of regulation 26(1), which we raised with it last week. It has withdrawn the instrument, corrected the defect and relaid the instrument. However, our point on the failure to follow proper drafting practice in regulation 2(1) is still relevant.
Civil Legal Aid (Scotland) Regulations 2002 (SSI 2002/494)
The next instrument for consideration is SSI 2002/494. There is an issue of defective drafting—the meaning of regulation 6 could be clearer. There is also doubt about whether regulation 11 is within devolved competence. It may contravene article 14 as read with article 6 of the European convention on human rights. In addition, the Executive has acknowledged that regulation 35 is defectively drafted.
There is doubt about the drafting of the instrument. We should indicate that in our report.
I thought so. There is an issue of compatibility with the ECHR. However, we can do no more than draw the Executive's attention to the queries that we have raised. There are problems on two counts—age and the rights enjoyed by cohabiting couples.
Does that mean that we contemplate asking people who are of the same sex and are living together whether they are cohabiting?
I think so.
So that question could be put to my maiden aunts.
We want to ask the Executive what it means by cohabiting couples and to whom the term applies.
I have no problem with that.
The cases that have been tested relate to discrimination against single-sex couples. Obviously, there may be discrimination against opposite-sex couples. We will draw the attention of the Executive and the lead committee to the matter and ask the Executive to explain what it has in mind.
Our legal adviser has noted a number of cases that would be of interest to the lead committee. Is it possible for the committee to have sight of that information?
I do not pretend that I am absolutely au fait with all the various cases that have been quoted to us as precedents. I am not sure whether it serves any purpose at this stage to refer the information to the lead committee. It will appear in our report, but first we must indicate to the Executive that we are not entirely satisfied with its response.