National Health Service (Variation of the Areas of Greater Glasgow and Highland Health Boards) (Scotland) Order 2006<br />(SSI 2006/33)<br />National Health Service (Constitution of Health Boards) (Scotland) Amendment Order 2006 (SS1 2006/32)
The Subordinate Legislation Committee has considered two instruments that relate to the winding up of Argyll and Clyde NHS Board. The relevant instruments are described in the paper that has been circulated. The orders will effect a significant change in the area's health care provision, so we might want to take evidence from the Executive on the dissolution process before formal consideration of the orders. We could take evidence and undertake formal consideration at next Tuesday's meeting, if the committee wants to do that. I am advised that the Subordinate Legislation Committee has identified a significant issue, which I understand has something to do with having the capacity to set up a new body but not being able to dissolve the old one. I am conscious that one member of the committee might have a particular interest in the matter. Do members want to take evidence at next week's meeting?
The clerk's briefing paper says that the order
That comment refers to one of the orders.
Yes, it refers to the National Health Service (Constitution of Health Boards) (Scotland) Amendment Order 2006 (SSI 2006/32), which abolishes Argyll and Clyde NHS Board. Will the Subordinate Legislation Committee, which identified the issue to do with the order, take up that matter? I do not want the Health Committee to take it up if the Subordinate Legislation Committee is doing so.
The Subordinate Legislation Committee will report to the Parliament on matters within its remit. It identified the issue and is flagging it up. The matter is more important to the Subordinate Legislation Committee, because it concerns the process. The Health Committee is the policy committee; if we were to take evidence on the order, we would consider policy issues rather than the process, which is more properly the remit of the Subordinate Legislation Committee.
Is the Subordinate Legislation Committee taking the matter up?
Yes. I presume that the issue will figure in the report on the orders that that committee gives us—I am advised by the clerk that the National Health Service (Constitution of Health Boards) (Scotland) Amendment Order 2006 (SSI 2006/32) will not be referred to us, because it does not raise issues that would come before this committee in the normal course of events. The Subordinate Legislation Committee will refer to us only the National Health Service (Variation of the Areas of Greater Glasgow and Highland Health Boards) (Scotland) Order 2006 (SSI 2006/33). Do members want to take evidence?
I regard the matter as a legal technicality.
Yes, but you are talking about the National Health Service (Constitution of Health Boards) (Scotland) Amendment Order 2006 (SSI 2006/32), which will not be referred to this committee. Do you want to take evidence on the other order?
I do not know whether policy issues arise. The matter has long been debated and discussed in all sorts of committees. We are in the process of going forward and—from a selfish perspective—I think that the sooner that happens, the better.
If there are no further comments, I take it that members do not want to hear from the minister.
Meeting continued in private until 16:42.
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