Subordinate Legislation Committee, 21 Jan 2003

Meeting date: Tuesday, January 21, 2003

Official Report 112KB pdf

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Delegated Powers Scrutiny

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Land Reform (Scotland) Bill: as amended at Stage 2

We raised a couple of points about changes that were made at stage 2 to the subordinate legislation powers under the bill. One related to section 24A, on guidance. We noted that the new provision does not provide for the amendment, variation or revocation of guidance made under the bill. We take a different view from the Executive on how the matter has been dealt with. We think that there is quite a difference between the power to make an order and the power to amend an order. If the powers under the bill were the same as the powers under the Agriculture (Miscellaneous Provisions) Act 1968, that would bridge the gap between the Executive and us.

We must report on the bill tomorrow, so I recommend that we put on record our feelings on the matter. We should thank the Executive for its response, but point out that it has not answered the questions that we posed. We should suggest that there is another way of dealing with the matter.

Furthermore, we should say that we think that the Executive's amending the bill in the way that was outlined should not be precluded simply because of a suspicion that a similar question might arise in relation to existing legislation. We think that bad practice should not be continued; it should be eradicated wherever it is spotted.

Does that summarise the committee's views?

Members indicated agreement.

There was one point on which the Executive agreed with us: that section 24A(6) requires to be amended. We thank the Executive for that.

There was a question about sub-delegation in relation to regulations made under sections 59 and 86, and whether the powers under the bill provide for that. We should mention that in our report to the Executive.

The Executive appears to have accepted the committee's point that it might be a good idea to look again at the design of the enabling powers while there is still time to fine-tune them, which would help to avoid difficulties in the future. That seems self-evident, but we thank the Executive for that all the same.

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Water Environment and Water Services (Scotland) Bill: as amended at Stage 2

We have slightly longer to produce our report on this bill. It needs to be produced for 29 January.

We could probably deal with the item today.

Excellent. I invite members' comments. We raised with the Executive three matters concerning amendments to the delegated powers under the bill. There was a question about the memorandum to the committee.

We were worried about its accuracy. The Executive has now supplied the missing information and we accept that the matters concerned are appropriate for delegated legislation. The Executive has moved forward on the matter.

We welcome the Executive's positive response: it agrees that the exercise of the power at paragraph 20(4) of schedule 2, to uprate the amount of the maximum penalty in line with changes in the value of money, should be subject to the negative procedure. It has agreed to introduce an amendment at stage 3 to that effect. The Executive seems to have complied with our wishes in that regard.

We raised the business of the so-called open powers in relation to section 31. We queried the matter, not necessarily because we opposed the Executive's intention but because we wanted to understand the Executive's point of view and to find out why it wanted to use open powers. I think that members would agree that the bill is a one-off in that respect. The matter has come to us in connection with section 2(2) of the European Communities Act 1972, so it is perhaps sensible to align our procedures with European procedures.

How nice it is to see Bill Butler arrive—I had said that you would not be here this morning.

Well, I made it. Thank you, convener.

That is really very good—and very touching.

I am glad that you are touched.

Right, we are okay with our scrutiny for that bill.

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Public Appointments and Public Bodies etc (Scotland) Bill: as amended at Stage 2

I draw members' attention to new section 3(3), which will ensure that the remit of the commissioner for public appointments in Scotland covers bodies whose establishment is still under contemplation and which do not yet exist in law. That seems sensible—one might say that it is joined-up governance.

Section 21 is on orders and regulations. The response seems to be okay. We suggested that the provision in section 3(2) should be subject to the affirmative procedure. That is all right.

There has also been an amendment to powers under sections 16 and 18 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

Those are just drafting changes and seem to be quite sensible to boot.

Is everyone content with that?

Members indicated agreement.