Official Report 112KB pdf
Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003 (SSI 2003/9)
Does anyone want to go back to the Executive on these regulations again?
We could ask why there is no reference to article 9 of EC regulation 178/2002.
The practice seems to be followed in English legislation but we in Scotland do not follow it because, in the past, the Executive has taken the view that the style should mirror our domestic legislation. Do we want to go back to the Executive on that?
No. I think that we should mirror our domestic legislation.
Is Mr Jackson desperate to say something about this?
No.
Mr Jackson, he say no.
He is not worried about eating plastic with his food.
He is quite clever. He went to university. He knows that you do not eat the plastic bit.
Education (Disability Strategies) (Scotland) Amendment Regulations 2003 <br />(SSI 2003/10)
We wondered whether there might be an intra vires issue, but that doubt has now been dissipated.
National Health Service (General Medical Services) (Scotland) Amendment Regulations 2003 (SSI 2003/11)
The regulations are okay.
Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 (SSI 2003/19)
It could be a Freudian slip, but my copy of the briefing says "cotland".
I told you that he was clever. No one else spotted that.
That is the natural wit that comes from a higher education.
Or something else.
I think that he is touched, too.
Did the official report get that? Ms Baillie, who is visiting the committee and knows that she will not be here next week said, "I think that he is touched, too."
The "too" refers to herself.
This is published.
The SSI is an important piece of legislation. I have questions, but they might be more relevant to the policy committee. An aspect of this has come up before: whether legislation should refer specifically to all the different jurisdictions in the British isles, such as the Isle of Man and the Channel Islands. The regulations do not refer to all the jurisdictions.
They refer only to England and Wales and Northern Ireland.
Yes. We should raise the matter with the Executive. Does the committee agree?
Also, throughout the regulations, there are references to correspondence "in writing". We have asked and will ask again what the Executive means by that. Does the term include electronic communication?
Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2003 (SSI 2003/20)
The date does not appear to be on our copy of the order, so we should draw that to the Executive's attention.
The relevant policy committee should consider the order and find out who can sign surveillance orders and why. I realise that the issue is not for the Subordinate Legislation Committee to discuss, but the policy committee might be interested. I do not want to feel that any old passing person can sign those orders.
I am very interested in the subject, but I had not quite picked up on what you were saying. Which body is being changed?
The order amends the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000 to reflect a change in the name of one of the bodies that the order refers to.
The order does not detail the appropriate rank.
That is right.
It mentions human intelligence sources, so it is really quite important.
It is real, low-down, sneaky stuff.
We really want to know whose signature is good enough.
It might be that the rank authorised to sign is at the same level as before, but that the order refers to a different organisation.
It might be, but we are unsure. That is why it is worth asking. This committee would not ask the question, because the subordinate legislation is in order. However, the policy committee might be interested in the matter. The Executive note says:
Perhaps we should find out the answer, although the issue is a policy matter. I have a little understanding of the matter. It seems that the head of the Common Services Agency fraud investigation unit was the person who signed the orders. Those powers are now being moved to NHS Scotland's counter fraud services. The senior investigator there may well be the same person as the head of the unit in the old Common Services Agency. I am not sure about the downgrading of surveillance. The same person may be in the new organisation, but I do not know.
A bell is ringing in the back of my mind. I think that it is worth while to ask.
If the order is lowering the rank of officers who can sign authorisations, the issue is serious.
That is for the policy committee to decide.
Absolutely, but it should be made clear whether the order is doing that.
The reason for suspecting that the order may be lowering the rank is the need to designate additional officers—the Executive is clear that we are talking about additional officers. I cannot imagine that more officers of the same rank will be created. It is reasonable to assume that we are talking about a lowering of the rank, but we should refer the matter to the policy committee.
Now you see why we are a very important committee.
I have always thought that you were a very important convener of a terribly important committee and I have enjoyed my time here tremendously.
I am only as important as the boys around the table are.
Boys? I will have a sex change.
You are an honorary boy for today.
Yuck. I am leaving.