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Agenda item 6 is consideration of the delegated powers in the Police and Fire Reform (Scotland) Bill. The committee is invited to agree the questions that it wishes to raise with the Scottish Government. It is suggested that the questions be raised in written correspondence. On the basis of the responses that are received, the committee can expect to consider a draft report at its meeting on 13 March 2012.
Section 84(3)(b) provides the Scottish ministers with the power to specify the type of goods and services that the police service may provide to any other public body or office-holder. Does the committee agree to ask the Scottish Government to explain the circumstances in which it envisages using this power and, in particular what types of goods and services the authority might be authorised to make arrangements for the police service to supply; and what descriptions of persons the authority might be authorised to make arrangements for the police service to provide such a supply to?
Section 120(1)(b) provides the Scottish ministers with bolt-on powers to make ancillary provision in relation to the exercise of all powers to make orders, regulations and rules. Does the committee agree to ask the Scottish Government to explain why that power is required in addition to the separate standalone powers to make ancillary provision that are provided in sections 121 and 122 and the further power to make transitional, transitory or saving provision in connection with commencement under section 124?
This is very familiar territory. Does the Committee agree to ask the Government to explain why it is considered that the negative procedure is a sufficient level of parliamentary scrutiny for supplementary, incidental or consequential provision?
Section 121 enables the Scottish ministers to make such ancillary provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision that is made by or under the bill. Does the committee agree to ask the Scottish Government to explain what further supplementary, incidental or consequential provision might be required under the power in section 121?
Section 122(1) enables the Scottish ministers to make transitional, transitory and savings provisions in connection with the coming into force of any provision of the bill. Does the committee agree to ask the Scottish Government to explain what further transitional, transitory or saving provision might be required under the power in section 122, and to explain why it is considered appropriate that that be subject to negative procedure, even if it modifies primary legislation?
The powers in paragraphs 11(1), 16(1) and 17 of schedule 4 and in paragraphs 3, 5 and 6 of schedule 5 make provision for the making of staff and property transfer schemes in respect of the Scottish police authority and the Scottish fire and rescue service. Does the committee agree to ask the Scottish Government to confirm that the schemes that are made under those powers are not intended to be Scottish statutory instruments and, if so, to explain why it is considered appropriate to make significant provision of that nature in an instrument that is not subject to the publication and laying requirements that apply to a Scottish statutory instrument?
Sections 5(1) and 116 confer on the Scottish ministers the power to give directions to, respectively, the Scottish police authority and the Scottish fire and rescue service. Directions that are made under those powers will have to be published by the Scottish ministers and must be laid before the Parliament, although they are not subject to any further parliamentary scrutiny. Does the committee agree to ask the Scottish Government in what circumstances it envisages exercising its direction-making powers and the matters to which that exercise might relate?
Does the committee also agree to ask whether directions may be made that conflict with subordinate legislation that is made under other powers in the bill and whether, in that scenario, the directions or the subordinate legislation would prevail?
Does the committee agree to raise all those questions in writing?
That brings us to the end of the agenda. Our next meeting will be on Tuesday 6 March.
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