Subordinate Legislation Committee, 27 Sep 2005

Meeting date: Tuesday, September 27, 2005

Official Report 244KB pdf

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Delegated Powers Scrutiny

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Environmental Levy on Plastic Bags (Scotland) Bill: Stage 1

The committee asked for an explanation of the drafting approach that had been taken. The non-Executive bills unit's response indicates that the approach is intended to minimise reliance on Scottish ministers for the bill's implementation and operation.

First, we asked whether consideration had been given to extending the power in section 2(4) to allow ministers to add to the list of exemptions. NEBU has confirmed that, as we thought, the provision reflects the member's policy to restrict the power's scope.

I am sure that Mike Pringle will be able to comment on the matter.

I am happy to answer members' questions.

Are members content with the response?

Members indicated agreement.

On section 6(3), the committee sought clarification of why the requirement for record keeping was set at five years and of the kind of records that suppliers would be expected to keep. The non-Executive bills unit has provided quite a bit of explanation on that matter. Basically, the member felt that the six-year requirement for record keeping that was introduced in Ireland was too long and that five years would be a better option.

Are members happy with the response?

Members indicated agreement.

On section 8, the committee noted that guidance to be issued under the provision would be binding on local authorities and asked whether it would be more appropriate to incorporate it in a statutory instrument. According to the response, the flexibility offered by guidance was considered to be preferable, because in different local authority areas, different criteria might apply and different projects might be operating.

The response also indicates that there is an intention to amend the provision to make it clear that ministers are required to issue guidance. We would be happy with that.

Are members happy with the response?

Members indicated agreement.

Section 10(4) allows ministers to make further provision on the exercise of various powers that are conferred on authorised officers. The committee asked for clarification on how the power might be used in practice, and we have received an explanation on that matter.

Are members happy with the response?

Members indicated agreement.

Excellent.