Subordinate Legislation Committee, 25 Apr 2006

Meeting date: Tuesday, April 25, 2006

Official Report 128KB pdf

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Interests of Members of the Scottish Parliament Bill: Stage 3

As members are aware, the bill is a committee bill, which provides for the establishment of a register of members' interests. The stage 3 debate is being held tomorrow. A number of amendments have been lodged, including an amendment conferring power on the Parliament by determination to make any modifications to the schedules to the bill that the Parliament considers necessary or expedient.

As this is a delegated power, in the sense that the Parliament is delegating to itself the power to amend the act by way of determination rather than primary legislation, the non-Executive bills unit has referred the power to the committee for information. It is an unusual procedure, but it is suggested that there is nothing in the amendment that should give rise to concern.

What does it mean, to change something by power of determination? Does it just mean that we have voted it through Parliament?

I have asked about that and I understand that no procedures are laid down at present. It would be necessary for procedures to be defined through changes to the standing orders, which would presumably charge a committee with the responsibility for bringing forward a resolution. The definitive event would be that the Parliament would pass, amend or reject that resolution and that would constitute the level of determination.

Are we content to note the memorandum from NEBU and to do nothing further on the item?

Members indicated agreement.

Meeting continued in private until 11:46.