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Chamber and committees

Subordinate Legislation Committee, 27 Jan 2004

Meeting date: Tuesday, January 27, 2004


Contents


Proposed Regulatory Framework Inquiry

The Convener:

We pass now to the final agenda item, which is our proposed inquiry into the regulatory framework in Scotland, with a view to introducing a statutory instruments bill. Murray Tosh has left but I do not think that he had any points to raise. We will go through the terms of reference paper before us point by point.

I congratulate Alasdair Rankin and the other clerks in his team. I think that members will agree that the paper is very clear in setting out the main points to be considered. We should go through each part of the paper in turn. The paper begins with the objectives and scope of the inquiry. Do members have any questions in addition to those that are raised in the paper, particularly in paragraph 2, or are members quite happy with the proposals?

I found the paper very clear. It covers the bases, or starting points, for the inquiry. I do not have any additions to make to paragraph 2. The paper scopes out what we should be doing very well.

I agree with that. The paper is clear and it is excellent that we know where we are going.

Christine May:

I have one point to make on paragraph 3, which mentions interaction with the European and External Relations Committee. Depending on where it has got to, the new European constitution contains specific detail on subsidiarity and consultation, particularly on regulations. It might be worth taking a look at the provisions in the context of what we are doing.

The Convener:

That is agreed.

Paragraph 4 is about the methods of the inquiry. We will need to consider the appointment of an inquiry adviser. The specifications are included in the annex to the paper. Do members have any points to make about the annex?

Considering the amount of work involved, I wondered whether having an adviser—in the singular—is appropriate. Perhaps we should be considering having a whole team of folk.

Normally—

That was meant to be a light-hearted question. I am not really suggesting that we employ a whole load of folk.

Okay. We are glad about that.

Mr Maxwell:

There will be a lot of work involved. It is a big inquiry, involving several sections and taking up the rest of the parliamentary session. In fact, it might not be sufficient to have just one adviser, although that might depend on the individual's breadth of knowledge—we are talking about Scottish, UK, European and worldwide comparisons. I wondered whether there should be two advisers, or various advisers specialising in different areas as we go along, rather than just one person.

My second point is more of a plea. I know that we cannot necessarily put this in the person specification, but could the adviser speak to us in plain English?

The Convener:

They definitely should do.

Another issue that might arise relates to the inquiry's quite long duration. One person might not be able to give the commitment that is required. Again, we might consider more than one person over the period.

Does Mike Pringle have any other points to make?

No—that is fine.

The Convener:

The paper states:

"When the Committee agrees the remit of the inquiry, members, with advice from SPICe researchers, can draw up lists of potential witnesses. Calls for written evidence can be made through the website and using the media approach below."

Is that okay?

Will the committee have any input into the final selection of the adviser, or will we remit selection to the convener, in consultation with the clerks?

The normal practice is for the committee to discuss such matters in private session.

That is fine.

I presume that, as usual, we will be given three or four people and we will choose one of them.

Yes—if three or four people can be found, which could be difficult.

That might be a big if. Finding three or four people might not be easy.

Mr Maxwell:

I would like clarification of a small point about calls for written evidence. Obviously, much of the detail that will be involved in the inquiry will be specific and technical. Will there be a general call for written evidence or will we approach obvious organisations and individuals to alert them to the fact that there is an inquiry?

Usually, there is a mixture of approaches.

That is fine.

Paragraph 5 of the paper is on the inquiry's media profile. It states:

"A news release and interviews with Holyrood and the House magazine are advised as the best way to launch the inquiry."

Good luck.

The Convener:

And to you. We will see whether we can hit the front pages—that would be an achievement. I hope that the general profile of the committee's work will be raised.

Paragraph 6 deals with reporting. The other week, I asked the clerk about the committee's reports, although I really asked about the allied issue of annual reports on the committee's work. Obviously, there would be a committee report.

The paper identifies the main areas of modern regulatory practice and reform. Paragraph 7 deals with the Scottish system and the United Kingdom context. We can use the links that are given. The paper gives links to information on the wider focus at UK level and on departmental regulatory impact units.

Paragraph 9 deals with UK parliamentary committees.

Alasdair Rankin (Clerk):

I have spoken to House of Commons clerks about the timing of UK parliamentary committee visits. They suggested that a good time for them and their committees to meet a delegation from the Subordinate Legislation Committee would be March. I can progress that matter with them.

I have an administrative question. Do we have to put a proposal for a visit through the Conveners Group, or will there be a visit as part of the inquiry?

Alasdair Rankin:

It is normal practice to put a submission to the Parliamentary Bureau.

That was certainly done for the Enterprise and Culture Committee's visits to Denmark and to Canada, I think. We must get authorisation for payment of expenses.

Okay.

Paragraph 10 of the paper deals with common law jurisdictions, such as those in Australia, Canada and the United States of America. Obviously, important material is available that we can use.

The section is particularly helpful.

It deals with various matters. Do you have any comments to make on other European regulatory systems and European Union regulation?

Christine May:

The paper suggests considering approaches in two countries. The Committee of the Regions is an institution that can be not particularly highly thought of, but I wonder whether it would be worth asking what work it has done. I know that it has done work on the matter.

Paragraph 14 is on the timescale for the overall inquiry. The paper suggests that a full year is needed for each inquiry.

That is reasonable. We might struggle to finish before that.

Yes. We should consider spring 2007 rather than 2004.

Do you know something that we do not know?

As members have no other points to make, do we agree to what has been suggested, with the slight changes that have been proposed?

Yes. However, given the inquiry's potential length, we should revisit its remit from time to time to ensure that we are sticking to it and that no other issues have arisen that require to be added to the inquiry.

That is true—I suppose that there might be other issues.

Do members agree to that approach?

Members indicated agreement.

We will meet again next week.

I can hardly wait.

I thank members.

Meeting closed at 11:45.