Subordinate Legislation Committee, 23 Jan 2001
Meeting date: Tuesday, January 23, 2001
Official Report
120KB pdf
Regulation of Care (Scotland) Bill
Agenda item 2 is the Regulation of Care (Scotland) Bill. We have agreed to consider the bill and make representations to the Executive. We discussed several points during the legal briefing.
We discussed whether national care standards should be laid before Parliament in a statutory instrument subject to the affirmative procedure, given that standards are important in flagging up the Executive's agenda. That would allow an opportunity for consideration, rather than simply allow such standards to be introduced through an administrative edict. We might ask the Executive how it proposes to introduce the standards. We have flagged up the same issue in relation to previous bills, such as the Standards in Scotland's Schools etc (Scotland) Act 2000. If the Executive has not considered the use of an instrument subject to the affirmative procedure, we should ask why not.
Section 23 concerns commission registration and registers. We could ask why matters dealt with under subsection (1)(e) are not covered by an instrument subject to the affirmative procedure, given the nature of the functions that have been introduced in subsections (1)(a) and (1)(e).
I would welcome some clarification as to what is meant in section 24 by major amendments. Margo MacDonald raised that point.
Sections 36 and 38 cover codes of practice and grants and allowances for training. We should ask whether those powers should be exercised by statutory instrument, especially given the importance of the code of practice. We should seek the Executive's comments about why it has taken the approach that it has.
There is also an issue with section 39. We could request more substance in the bill on the protection of sensitive material.
Section 56 deals with commencement orders. We can ask the Executive why the negative procedure is being used—that is highly unusual.
We will see what replies we receive. If we are not satisfied, there will be time to call witnesses.