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Agenda item 4 is consideration of the High Speed Rail (London – West Midlands) Bill, which, of course, is United Kingdom Parliament legislation. Under this item, the committee is invited to consider the powers to make subordinate legislation that are conferred on the Scottish ministers in the bill. A briefing paper has been provided, which suggests that the committee could seek a written explanation of the parliamentary procedure aspects of clause 49 of the bill. The committee would consider the response at a future meeting, with the intention of agreeing a draft report. Accordingly, the committee may wish to ask the Scottish Government for an explanation of a number of matters in relation to the powers in clause 49.
An effect of clause 49(2)(b) is that the laid-only procedure will apply to an order that is made under clause 49(1), unless the conditions for which section 13(1) of the Transport and Works (Scotland) Act 2007 provides apply to the order. In that event, the order would be subject to the affirmative procedure.
An order that authorises the carrying out of work that constitutes national development in the national planning framework would, by virtue of the application of section 13 of the 2007 act, be subject to the affirmative procedure. The national planning framework includes as the third listed national development,
“High-speed rail lines linking Edinburgh and Glasgow city centres with London and offering good connections to the rest of the rail network.”
Does the committee therefore agree to ask the Scottish Government for clarification of the circumstances in which an order under clause 49 to authorise works in Scotland for high speed 2 “Phase One purposes” would be subject to the laid-only procedure, when it would be subject, instead, to the affirmative procedure and why that position is appropriate?
Members indicated agreement.
Section 30(4) of the Interpretation and Legislative Reform (Scotland) Act 2010 has the effect that orders under the 2007 act are not subject to the laid-only procedures that are set out in sections 30 and 31 of ILRA when they are not subject to the affirmative or negative procedures under the 2007 act. Instruments that are excepted by virtue of section 30(4) are not considered by the committee.
As clause 49 of the bill does not apply or modify section 30(4) of ILRA, it appears that when an order under clause 49(1) was not subject to the affirmative procedure, it would be subject to the laid-only procedure and so would be considered by the committee. That would appear to be the position unless an order were brought forward under section 30(5) of ILRA to exempt an order under clause 49 from the procedure, as is presently the case for orders under the 2007 act.
Does the committee agree to ask the Government why that approach has been taken and whether there is any intention to amend the bill or to bring forward an order under section 30(5) of ILRA?
Members indicated agreement.
That completes that item and I move the meeting into private.
11:18 Meeting continued in private until 12:33.Previous
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