Official Report 165KB pdf
In their pack of materials for today's meeting, members have information about the Finance Committee's inquiry into accountability and governance, to which we have been invited to make a submission. The closing date for doing so is 18 April. It is suggested that the issues and questions raised by the inquiry are policy related. I have looked through them with the clerk. Do members wish to raise particular issues today? There will be a workshop on 24 April that members may attend.
The inquiry has already been discussed by the Justice 2 Committee, which took the view that most of the issues are policy related. The committee commented where it could, but it believed that many of the issues are finance related and found it difficult to answer some of the questions, even as a policy committee. In my view, it would be difficult for the Subordinate Legislation Committee to respond to any of the bullet points.
I agree.
There is a sort of circular argument. I suspect that in the report on our inquiry into the regulatory framework in Scotland we will make the point that the system for scrutinising the financial implications of subordinate legislation is not entirely satisfactory. There is some overlap, because subordinate legislation sets up bodies such as the new Scottish civil enforcement commission that will be created under the Bankruptcy and Diligence etc (Scotland) Bill. When we scrutinise the subordinate legislation aspects of bills, we do not usually consider the financial implications. We have indicated that that is something of a gap. In the end, it is a question for the Finance Committee and we cannot really answer it. That is why the Finance Committee is holding its inquiry.
Absolutely. I think that it is aware of the issue, because the convener of the Finance Committee made a point in the chamber about the additional financial burdens that come with subordinate legislation. I reiterate the point that members may attend the workshop on 24 April, if they are interested.
Meeting continued in private until 12:58.