Official Report 121KB pdf
Various matters have been brought to our attention about the Ethical Standards in Public Life etc (Scotland) Bill.
The first issue to which I want to draw the committee's attention—and on which we should ask questions of the Executive—is subsection 7(2)(b), relating to the establishment of the standards commission for Scotland. This section allows the commission to have functions given to it by the bill, and it also allows other functions, relating to the conduct of councillors, to be given to it by a direction that is made by a minister. We should ask the Executive whether that would be appropriate to some other form of order, such as a negative resolution similar to that for the extension of functions for the General Teaching Council, which is part of the Standards in Scotland's Schools etc Bill. We should raise that point initially before the Executive.
Other matters were raised during our legal briefing. Do members want to comment on them?
Section 22 deals with definitions. We should ask the Executive to explain why it intends to have primary legislation amending the range of organisations that may be covered by the bill as part of subsection 22(3). We should ask for an explanation of that procedure before we decide whether we want to accept it.
The point that Bristow Muldoon makes also applies to subsection 23(3), which allows ministers to make modifications to any enactment by order, as they consider necessary or expedient. That appears to be a Henry VIII-type section, and we should ask the Executive why it is framed to include a Henry VIII power, especially as it seems to apply to a very important matter.
I agree with Fergus Ewing that a Henry VIII power should be agreed to only with, at the very least, an explanation, and in minimal circumstances.
We should try to find out why the usual procedure is not being followed concerning the code of conduct for councillors, and why the usual provision for the laying of documents before the Parliament is being permitted. We will seek to raise those points, and I hope that we will receive a positive response.