Subordinate Legislation Committee
Meeting date: Tuesday, November 22, 2011
Official Report
269KB pdf
National Library of Scotland Bill: Stage 1
The committee will consider the delegated powers in the National Library of Scotland Bill. The committee is invited to agree what questions it wishes to raise with the Scottish Government. It is suggested that the questions are raised in written correspondence. On the basis of the responses received, the committee would consider a draft report at its meeting on 6 December 2011.
It is recommended that the committee raise questions in relation to the power in section 12(2) to commence provisions, which includes power to make transitional, transitory or saving provisions. Specifically, the committee may wish to ask the Scottish Government why an order made under section 12(2), where it includes transitional, transitory or saving provisions, should be subject simply to the default “laid only” procedural requirement, in contrast to an order that makes incidental or consequential provision under section 10(2), which order would be subject to, at minimum, the negative procedure.
With reference to this same power, the committee may also wish to ask the Scottish Government to explain what sort of provision might be necessary and to justify why exercise of the power need not attract parliamentary scrutiny.
Are members content to raise those questions with the Scottish Government in writing? Do members have any other concerns that they would like to raise about the bill?
I will be interested to see the Government’s responses.
Those are valid points. As indicated, there does appear to be a difference in emphasis and almost a contradiction; it is well worth raising that.
Yes. It is perhaps worth recognising that after the Aberdeen adoption case we are naturally just a bit wary about any powers, transitory or transitional, that do not come with scrutiny. Will we refer the matter to the Government in the terms suggested?
Members indicated agreement.
We now move into private session.
14:47
Meeting continued in private until 15:07.