Subordinate Legislation Committee, 20 Jun 2006

Meeting date: Tuesday, June 20, 2006

Official Report 140KB pdf

---

Delegated Powers Scrutiny

---

Local Electoral Administration and Registration Services (Scotland) Bill: as amended at Stage 2

Item 1 is delegated powers scrutiny. The committee considered the delegated powers in the bill last week and asked the Executive to clarify three points. The first of those relates to sections 18B and 18D, which are "Provision of fresh signatures" and "Power to require existing absent voters to provide personal identifiers." We asked the Executive how it anticipates exercising those powers and what is meant by "consequences" in the context of the powers.

You will see from the response that the Executive has explained that the purpose of delegated powers to require the provision of fresh signatures is to ensure that personal identifiers are kept up to date. It also considers that it needs the flexibility of regulation to allow ministers to cater for different circumstances in which new signatures will be required and to take account of reasons for non-compliance.

The second issue was about criminal sanctions. The Executive has confirmed that there is no question of the consequences of not providing fresh signatures involving criminal sanctions.

Do members wish to comment?

I apologise because, given that I was not at the meeting last week, I do not feel particularly inclined to comment on the detailed responses, which seem fine. However, it is worth picking up the point in the legal brief that a number of the responses would not have been necessary if the information had been given up front in the delegated powers memorandum. We should put that point on the record to encourage the Executive always to think about the committee's needs when it prepares those memorandums.

You will see a trend along that line with one or two issues today.

On section 18C, "Disclosure of personal identifiers", we asked the Executive about the intended exercise of the power and what purposes might be prescribed in any regulations made under the power. The Executive confirms that such information will not be open to public inspection and that disclosure will be limited to certain categories of people, in addition to those identified in the bill, for "electoral purposes". Are members content with the Executive's response?

The assurances are fine, although it is odd that the Executive effectively says that disclosure will be for "electoral purposes"—in other words there will be disclosure for agents and others—but it refuses to change the words in the bill to "electoral purposes."

The final issue is about the stage 3 debate on Thursday.

Members will have noted that the Executive has, unusually, lodged amendments that include delegated powers. Members have a copy of the letter from the Deputy Minister for Finance, Public Service Reform and Parliamentary Business that gives the reasons for introducing these amendments. The letter is attached to the Executive's response on the bill. Luckily, the amendments do not affect any provision that the committee has already considered—they add new powers.

The first amendment is largely administrative and relates to the power to make regulations in respect of special lists and records. That seems to be an entirely procedural power, which is subject to the negative procedure. Are there any comments on the first amendment?

No.

The second amendment relates to section 25 and removes an anomaly that members will remember the committee identified and raised at stage 1. We raised the issue that, as the bill was originally drafted, every exercise of the power under section 3 of the Local Governance (Scotland) Act 2004 would attract the affirmative procedure. The amendment means that any order may, when appropriate, be subject to the negative procedure. I take it that we welcome that amendment. Are we content with the feedback and with the amendments?

Members indicated agreement.