Official Report 79KB pdf
That takes us on to the Public Finance and Accountability (Scotland) Bill, as amended at stage 2. I think that Fergus flagged up some cause for concern.
Section 24 contains a classic Henry VIII power to amend primary legislation by way of subordinate legislation. That is done under the section heading, "Modification of enactments". While I understand that the Executive feels that it might not have identified all possible or necessary amendments or repeals, it seems that the power described under subsection (2) is of a rather sweeping nature. I wonder whether the Executive plans to include such a subsection in every bill that comes before Parliament. It seems to set a bad precedent. I await with interest the explanation of the subsection.
I might share Fergus's concern if the negative procedure were being proposed. I am reassured by section 25(2A), which requires that any order under section 24 will be subject to the affirmative procedure. Therefore, any use of the act by ministers would be subject to scrutiny by Parliament. I do not share Fergus's concern on the point that he raised.
The matter will be for the lead committee: perhaps we should ask it to clarify why it is being dealt with in this way, and whether the affirmative procedure is an adequate safeguard. Would that satisfy you, Fergus?
That seems to be a sensible suggestion.
Okay. Is that fine by you, Bristow?
That is fine by me.