Subordinate Legislation Committee, 28 Sep 1999

Meeting date: Tuesday, September 28, 1999

Official Report 79KB pdf

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Public Finance and Accountability (Scotland) Bill

Item 3 relates to the Public Finance and Accountability (Scotland) Bill, which is an item that has been carried on from last week. We have had an opportunity to read the Executive's response to our points and, more important, our legal adviser's notes. An issue has been raised about the benefits to the committee for instruments to be laid before Parliament. We had a discussion about this matter in the informal session. Do any members wish to comment on the matter in the open session?

The committee should suggest to the Executive that it might be desirable to amend section 28(1) of the bill to ensure that commencement orders are laid before the Parliament. That would enable this committee and the lead committees to consider both interim commencement orders or commencement orders within the full provisions of the act.

The committee would also be wise to consider its own standing orders, although that is a more general issue that we might want to examine in the future.

I agree with Bristow. It is important to make the point that if commencement orders are not laid before Parliament, as is constituted in the standing orders, we will not know that they have been brought into effect. That might create a democratic deficit.

Okay, we have managed to flag up that issue. We seem to have got through matters speedily.

Can I raise a point? Section 9(5) of the bill says:

"The Scottish Ministers may lend sums to the Keeper on such terms and conditions as they may determine".

I do not understand why we are lending the Keeper of the Registers of Scotland money. Surely we do not lend money to someone like that.

That section struck me as odd when I read it. Would we lend money to the Keeper of the Registers of Scotland if he had to move because he needed a bigger building? That does not make sense to me.

That is a policy matter and would have to be considered by the Finance Committee. I can only assume that as the Registers of Scotland now has agency status, any such money would be short-term, up-front funding. Perhaps we could flag up that point to our colleagues on the appropriate committee.

It just sounded odd that we would lend money to the Keeper of the Registers of Scotland.

He might need change for the Coke machine.

The agency has already booked buildings and I am sure that the Government did not lend money towards that.

Thank you very much.

Meeting closed at 11:29.