Official Report 114KB pdf
First we consider Executive responses. Various points were raised on the instrument at the previous meeting, which I did not attend. Does the Executive's response satisfy the committee members who raised points last week?
It might be an idea to write to the Executive again saying that, although we appreciate the fact that it has taken some of our comments into consideration, we are not satisfied that the question of consolidation has been properly addressed. The Executive is getting into very dangerous territory with so many generations of subordinate legislation.
It has been suggested that we send a general letter to the Executive about the consolidation of NHS regulations. This is the second or third time since its inception that the committee has raised points about consolidation. As was pointed out in the legal briefing, we have yet to consider any consolidated regulations.
Defective drafting in the instrument has been drawn to our attention; we should seek an explanation of that continuing problem. Furthermore, some vires issues must be raised. Finally, as Margo MacDonald said, we should draw the attention of the Parliament and the lead committee to the need for consolidation, particularly in light of the multiple definitions in the regulations. We should highlight such sloppiness in our response.
Given the subject matter, definitions are obviously important. We will draw that point to the lead committee's attention, as the time scale requires the regulations to be sent there, and write a general letter to the Executive on consolidation.