Official Report 349KB pdf
We have seen the Government’s response to our stage 1 report. We questioned only one power at stage 1. However, in this case, although we were content with the power itself, we had asked for a requirement for consultation with the Lord President before making an order. The minister considers that that is unnecessary.
We should go back to the Government and say that, even if only as a matter of courtesy, the Lord President should be consulted. Whether to consult him is a value judgment, but I think that it would be appropriate.
Is that the view of colleagues?
No. Is it not enough just to note the matter at this stage, rather than take a definitive view? We have raised the issue, so we could just note it.
We have two opposing views.
Do we get an opportunity to come back to the bill?
We do.
If this was the last opportunity for us to consider the bill and Helen Eadie was keen to do what she suggests, I would not object. However, if we have the opportunity to return to the matter at a later date, I suggest that we note it at this stage.
No. The Lord President would probably look at an order and think that it was okay, but it would be a bit of a cop-out if we did not ensure that it was put in front of him. I imagine that, if he was on the ball, he would already have had someone consider the matter.
I am not dead keen to push the matter. It would be for the minister to decide what was or was not courteous—not for the committee, which deals with legal matters. I have put it on the record that I do not think that it is necessary to pursue the matter, but I have no wish to break the committee’s harmony by opposing Helen Eadie’s suggestion. It is a little unnecessary but, by all means, pursue it.
Thank you, Bob.
In that conciliatory and recorded manner we go forward.