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Chamber and committees

Subordinate Legislation Committee, 21 Jan 2003

Meeting date: Tuesday, January 21, 2003


Contents


Toronto Conference

Gordon Jackson has something to tell us. It is show and tell.

Gordon Jackson:

Last week when I was ill, the report from the red tape conference that I attended on behalf of the committee in Toronto was on the agenda. I do not want to say much about the report. I am conscious that it is not exactly bedtime reading. Alasdair Rankin has helped to make it as readable as possible, but I am not sure how successful that process has been.

The conference was very technical. I found it extremely useful, but I had one concern. Although I was there from the committee, no one was there from the Executive and I came away with a strong feeling that, on balance, it would have been better the other way around.

The conference was about how to reduce, modify or lessen the burden of the red tape of statutory instruments, or regulatory instruments, which is a huge issue across the world. The Americans, for example—through all Administrations, not necessarily in right-wing Administrations—have been doing huge amounts of work to ensure that any regulation is as helpful and useful as possible. The Canadians are doing that big time.

There is a slight sense that that agenda tends to be right wing, as it is about reducing the burden of red tape on the business community. I have no doubt that there is some truth in that. However, the longer I was at the conference, the more I thought that the issue was about more than that. Every small business in this country is concerned about form filling and regulation. Indeed, that does not just apply to business. Nurses tell us that they cannot do their job because they are filling in forms and head teachers tell us that they cannot teach any longer because they are constantly filling in forms.

It is teachers who tell us that. Head teachers do not teach.

Gordon Jackson:

I take that point. We are constantly having debates about the number of police officers on the street. Police officers tell us that half their problem is that, every time they do something on the street, they have to spend about three days—I exaggerate a little—in the police station filling out forms. The whole business of regulation is important, but the idea that we can just abolish it does not work either, because there would not be proper accountability and proper systems would not be in place.

Most Governments from Europe and America were represented. Perhaps oddly, there was interesting stuff from Mexico. The chap said that there is a huge amount of bureaucracy in Mexico, but that attempts are being made to streamline regulations and to take the burden off people while watching out for public safety and public standards.

We discovered that a huge amount of work is being done all over the world on how to deal with statutory instruments and what is known as red tape. The trouble is that, by the time this committee considers statutory instruments, that issue is past. I think that Alasdair Rankin would agree that the issue should be dealt with long before the committee has to deal with instruments. It is extremely interesting that Ontario has a Red Tape Commission. Every SI must go to that commission to be scrutinised rigorously and those who want the legislation must justify why it is needed before it gets on to the SI statute book.

Our Executive could learn a huge amount from the conference. Although I am not an expert, I think that the Westminster Government is quite into the issue. A man from Westminster took one of the conference sessions. Alasdair Rankin will remind me of his name.

Alasdair Rankin (Clerk):

Phil Wynn Owen.

Gordon Jackson:

It is clear that Westminster is serious about the issue, but it is not entirely clear how much the Executive is up to speed on the matter. It might be that work is being done really well and we do not know about it, but I do not think that the Executive is nearly serious enough about the business of red tape and regulation. I believe that when we suggested that someone from the Executive should attend the conference, the answer was: "Somebody from Westminster is going and they will tell us what we need to know."

There are many lessons to be learned on regulation and red tape. I hope that that comes across in the conference report, although I suspect that one had to be there—it is difficult to get an idea of it simply from reading the report. The Executive should apply its mind to the subject. Although it is a bit late for this Executive, I would like to be satisfied that the structure that is put in place does not simply churn out SIs and red tape—which is perhaps a pejorative term—before checking that it is needed in the first place.

I thank Gordon Jackson and the clerk for the report, which is excellent. Mind you, I started out by thinking that the measures discussed at the conference had Reaganesque origins.

There is always a danger of people thinking that.

The Convener:

Exactly. I read through your report, which makes a good case. Obviously, it is for the Executive to make policy decisions. The committee's job is to test whether, by the time the tape reaches us, it is truly red or merely pinkish.

I have an idea. As well as drawing the Executive's attention to the report, the committee could ask for a debate on the matter. It might do the Parliament's soul some good to learn about the sort of work that we do and about our opinion on whether some of that work is necessary.

We might be too late in the day.

Perhaps we are too late for this session of Parliament.

Gordon Jackson:

I suspect that the issue is for those members who will still be here and interested in the matter in the next session of Parliament. There is a lot of legislation to get through and, given that we have only nine weeks remaining, perhaps a debate is not realistic.

The issue would be a good subject for a members' business debate.

It might be hard to raise interest. We would have to engage the Executive.

You could get the interest.

The debate would have to be about red tape.

Accessibility is also an issue.

Gordon Jackson:

If I am still here, I would like to raise the issue in the next session, but I have doubts about what can be done at this late stage in the session.

The matter is certainly not just Reaganesque. Issues arise about the regulation of business. The subject has become subtler because people realise that we cannot simply deregulate, as that might end up with power stations blowing up.

The issue has two distinct legs, from my reading of the report: one is that we cannot deregulate business and services; the other is the effect that red tape has on service delivery.

Jackie Baillie:

It strikes me that the committee is running out of time and that initiating a debate on the matter, rather than simply issuing the conference report, would take a bit of considered thinking. I am not sure what the committee's precise remit is and whether it has any powers to initiate an inquiry or to appoint a reporter specifically to consider the matter. If it does not, perhaps the way in is for an individual member to investigate the matter—I am not sure which subject committee could do that, as the interest extends beyond business.

Because the draft report is about the conference, it does not include the views of people from different walks of life in Scotland who experience the operation of regulations in their daily tasks. To include such views would provide a fuller picture and would give more weight to the suggestions that are made.

The Convener:

For the committee's information, we have a general responsibility in all matters pertaining to subordinate legislation. However, my colleagues would probably behead me if I suggested that we investigate red tape as well as get through the work load that we have now grown used to.

Gordon Jackson:

However, as Jackie Baillie makes out, there is a case for a committee—it is hard to know which one—eventually to address the issue. That committee should perhaps initiate an inquiry into our regulatory structures that involves the stakeholders, such as the police and the schoolteachers, who say that there is far too much regulation and form filling. Interestingly, although the subject seems rather dull—and it is—once we get the message across, it becomes a populist subject.

Exactly. It is the very essence of what people expect from us.

Gordon Jackson:

We had a good presentation from the Florida people. We heard that, eventually, the subject becomes extremely popular among the voters. If people, whether they are small businessmen or policemen, see the burden of regulation being cut, they say, "Hey—this is useful."

If the committee puts the matter in a legacy paper, a successor committee can consider how best it or another committee could address the issue, perhaps by appointing a reporter from among its number to do something about it.

That is a good idea. Perhaps we should leave the issue to be considered by the successor committee.

The Convener:

I agree. That is why I was anxious to pursue the matter. Politically speaking, Gordon Jackson's last points are highly relevant. If the public understand better what the Parliament does, they will perhaps learn to love it a little more.

We thank Gordon Jackson and the clerk for the report. It is excellent. We will leave a legacy paper. [Interruption.] I have just been reminded that the report contains a recommendation in paragraph 35 and one in paragraph 41.

Ian Jenkins:

While we are looking for those, I will make a comment. I agree totally with the drift of the conversation. Can we, when we send the report to the Executive, draw ministers' attention to the Official Report of our discussion? Gordon Jackson said that the conference report may appear to be a rather dull account of various speakers, but the discussion that we have had shows its relevance and the Executive ought to be made aware of it now.

The Convener:

As part of that, we will incorporate the suggestion in paragraph 35, which is that the Canadian Red Tape Commission's work

"be brought to the attention of Scottish Ministers with a view to an evaluation of its application and usefulness across their areas of responsibility."

That is wrapped up in the discussion that we have had. Do members agree with the recommendation?

Members indicated agreement.

The next recommendation is that the Parliament consider seriously hosting a red tape conference. Do we agree with that recommendation?

Members indicated agreement.

Gordon Jackson:

David Mundell went to the first such conference in Sydney. I think that he suggested that the Parliament host one. When we got to the conference, delegates mentioned that to us. It was already an issue. We did not raise it from scratch.

I am keen on the Parliament hosting such a conference. We are a new Parliament. If we can get the regulatory stuff right, that would make a huge difference to how we do things. I am also keen on anything that puts us on the world map as a proper parliamentary body. I am blunt about that. Conference delegates from countries throughout the west—some European stuff was mentioned—were interested in what we do. I am up for anything that gives us a place at the general discussion table of world parliamentary affairs. I am not trying to make a political point, whether nationalist or non-nationalist—my point is more general. As others were interested, we should follow that up.

I agree. It would be useful for the future committee to tie up its work on red tape in the lead-up to the Parliament hosting a conference, because that would make a connection with what we are doing at a Scottish level.

The publicity for a red tape conference preceded by some kind of inquiry by our successors would provide a sequence that the public could grasp.

Gordon Jackson:

It is important to say that such an inquiry would not be technical work. A lot of the committee's work is technical. The Parliament has a wee smile at us because it thinks that we are just technocrats. However, there is a very popular and populist line to changing how regulation is done. The issue would really matter to people outside the committee—it is not merely technical.

The accessibility aspect is as important as anything else is.

Can we remove the typos before we issue the report? I am conscious that the report says "draft" at the top, but there are quite a few typos.

They have been expunged from the version that I hold in my hands.

You are fortunate.

Yes. I am the convener.

Meeting closed at 12:01.