Subordinate Legislation Committee, 20 Sep 2005

Meeting date: Tuesday, September 20, 2005

Official Report 136KB pdf

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Executive Response

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Tuberculosis (Scotland) Order 2005 <br />(SSI 2005/434)

Welcome to the 25th meeting in 2005 of the Subordinate Legislation Committee. Adam Ingram may not make it to the meeting.

Members will remember that last week we queried the drafting of article 11(3) as well as the reference to subparagraphs rather than paragraphs. Members will have read the Executive's response, which says that both points will be taken on board. However, the Executive argues that, in its interpretation, the drafting of article 11(3) is not such a problem as we have made it out to be, although it has agreed to make the changes at the first legislative opportunity. What are members' views?

We will have to agree to differ from the Executive's strangled interpretation. It is clear that the order is defectively drafted, and the Executive is wrong to try to put such an interpretation on it. That it has agreed to amend the order shows that it agrees with the committee. It will be up to the Executive to argue its case if a problem comes to court. Our responsibility is to report on the two instances of defective drafting.

So we will report to the lead committee and the Parliament on that basis.

We should report only to the Parliament.

I am sorry—we will report only to the Parliament.

I just want to show that I have read the briefing paper.

You are very good.

It is important that the order is changed at the first opportunity that presents itself, as it is defectively drafted.