Rural Affairs and Environment Committee,
Meeting date: Wednesday, May 27, 2009
Official Report
248KB pdf
Climate Change (Scotland) Bill
Item 6 is consideration of whether, as a committee, we wish to take any collective action at stage 2 of the Climate Change (Scotland) Bill, such as lodging committee amendments that are based on the conclusions and recommendations that are contained in our report on the bill, which are reproduced in the annex to paper 11.
The Government's amendments on part 5 of the bill, which is the part that contains sections on forestry, muirburn and waste reduction and recycling, were published in this morning's Business Bulletin and have been provided to members. Perhaps I should go through them quickly.
The clerks have been very busy and have reviewed the Government's amendments on part 5. Amendment 151 seeks to ensure that changes to the dates for muirburn cannot have the effect of making the length of time available for muirburn shorter. Amendment 152 would change the nature of the instrument that would introduce such changes from negative to affirmative.
There are no Government amendments to the forestry provisions. The Government sought to amend the bill to remove the provision that could enable leasing but, as Jim Hume had already lodged an identical amendment, it is anticipated that his amendment will receive Government support.
On waste reduction and recycling, a number of Government amendments have been lodged that would establish a new body to co-ordinate and perform a clearing-house function for deposit and return schemes. Those amendments were detailed to the committee by the cabinet secretary in oral and written evidence during stage 1 scrutiny.
The Government has not lodged amendments that would make secondary legislation based on the broad enabling provisions on waste, which would currently be subject to affirmative procedure, subject to the super-affirmative procedure. In the section of its report on parliamentary scrutiny, the committee recommended that secondary legislation that stemmed from broad enabling powers, including any such legislation on waste, should be subject to the super-affirmative procedure. The super-affirmative procedure allows the relevant committee the opportunity to scrutinise an instrument in draft form and to propose changes to it before it is formally laid before Parliament. The committee has the option of lodging committee amendments that would make secondary legislation on waste subject to the super-affirmative procedure.
I invite members' views.
On the use of the super-affirmative procedure, I would be happy for such an amendment to be drafted and for it to be approved and lodged by the convener on behalf of the committee.
That seems reasonable.
I agree with that.
As the Conservative and Liberal members are not here at the moment, I will consult them before proceeding.
If, for some reason, you decide that that cannot be done, will you inform us so that someone else could lodge such an amendment?
Absolutely.
I think that we agree that it would be better if the amendment that Elaine Murray has brought forward were lodged by an individual MSP.
That concludes the public part of the meeting. I thank everyone for their attendance.
Meeting continued in private until 12:29.