Official Report 134KB pdf
Freedom of Information (Fees for Required Disclosure) (Scotland) Regulations 2004 (draft)
It is recommended that we draw the lead committee's attention to matters that we raised with the Executive on the draft regulations. I propose that we do so.
Fishing Vessels (Satellite-tracking Devices) (Scotland) Scheme 2004 <br />(SSI 2004/379)
Similarly, we asked for certain information and we have received it. We should draw that to the attention of the lead committee—subject to any points that members might wish to add.
Which point does the committee wish to make under point 3 of the legal brief:
Och, you pick.
I was interested in that point, because the power was specifically justified by the Executive with reference to a comparable power in the Fishing Vessels (Decommissioning) (Scotland) Scheme 2003 (SSI 2003/87). I assume that it was the Executive that drew that to our attention. I wondered if we had more examples of that circuitous use of the power and whether we should raise the general issue with the Executive. However, I see the legal adviser looking sceptical, suggesting that this is just a wee stray that has got through the net, in which case we perhaps do not need to make a big fuss about it.
We could raise it as a defective drafting matter.
From what I am being told through gestures and facial expression, you have got it right, Murray. We will just leave it at that.
Oil and Fibre Plant Seed (Scotland) Regulations 2004 (SSI 2004/317)
The regulations are extremely complicated, and there is perhaps something to be said about them.
The regulations are indeed complex. The Executive has acknowledged the drafting defects that the committee identified, and we are grateful for that. It said that it will correct them at the earliest possible opportunity. However, the Executive has not said when it anticipates that that opportunity might arise. It is reasonable to press the Executive just a little, so that the matter is corrected as quickly as possible. Could we ask the Executive for guidance on a date by which it would intend to correct the defects?
That would not form part of the committee's report, but we could ask the Executive in a letter.
Register of Sasines (Application Procedure) Rules 2004 (SSI 2004/318)
We will draw the lead committee's attention to the information that we asked for and received.
International Criminal Court (Enforcement of Fines, Forfeiture and Reparation Orders) (Scotland) Regulations 2004 (SSI 2004/360)
These regulations raise a much more difficult issue, because we doubt whether they are intra vires and are not sure whether they could raise serious legal problems in future. I always feel that when the committee takes such a view on a matter, but the Executive is satisfied that things are okay, there is nothing much that we can do other than say "Well, if that's what the Executive thinks, so be it". No doubt someone in another building will challenge its decision and other people will have to sort the matter out.
Freedom of Information (Fees for Disclosure under Section 13) (Scotland) Regulations 2004 (SSI 2004/376)
I believe that Christine May has some thoughts on these regulations.
Regulation 4 states:
Again, we will ensure that our concerns are expressed to the lead committee.
Fodder Plant Seeds Amendment (Scotland) Regulations 2004 (SSI 2004/380)
As far as these regulations are concerned, I propose that we simply report the current position on consolidation to the lead committee of the Parliament.
Aberdeen City Council (Bobby Calder Park) Compulsory Purchase Order (No 3) 2001 (SE 2004/159)
The next instrument is this Bobby Calder park thingy. We will simply draw the information that we have received to the lead committee's attention.