Subordinate Legislation Committee, 29 Apr 2008
Meeting date: Tuesday, April 29, 2008
Official Report
109KB pdf
Delegated Powers Scrutiny
Glasgow Commonwealth Games Bill
We return to agenda item 1, which we deferred.
At last week's meeting, the committee took oral evidence from Scottish Government officials on the bill. Members questioned the officials about the procedures in sections 2(3), 10(1) and 19 that the Government proposes to use in relation to regulations on outdoor trading and advertising in the vicinity of the Commonwealth games and on circumstances in which the use of the internet constitutes a ticket touting offence.
The regulations will be subject to the affirmative resolution procedure in the first instance, and subsequent regulations will be subject to the negative procedure. The committee took the view that the exercise of the powers should be subject to the affirmative procedure, except in circumstances in which there is urgency. In such circumstances, regulations could be made subject to the negative procedure.
Members also questioned officials on consultation with councils and other interested parties and on the giving of public notice. The bill requires the Government to consult only on the first occasion when trading and advertising regulations are made; subsequent trading or advertising regulations will not be subject to the consultation requirement. Public notice of the general nature of the first regulations will be required to be given at least two years in advance of the games, and public notice of the regulations' detailed content must be given at least six months in advance of the games. The committee took the view that all trading and advertising regulations should be subject to consultation, except in cases of urgency. The committee also considered that advance public notice of the detailed provisions should be given unless it is impracticable to give such notice.
In both instances, the Government maintained its position. Therefore, the committee agreed to lodge amendments to give effect to its position. Members have seen the amendments, which were lodged last week. The Government's position has not changed, so with the committee's agreement I propose to move the amendments on behalf of the committee during tomorrow's debate. That is my formal position as convener. Do members have comments?
Convener, I suggest that you listen to the arguments that are made during the debate and then decide whether the Government has addressed our concerns and whether to move or press the amendments to a vote. We leave the matter to your judgment.
I will take a decision on whether to move or press the amendments. I reassure members that I will try to be sensitive in reflecting committee members' views, in as much as it will be possible to gather your views in the context of a debate, when we will be scattered across the chamber.
That concludes our business. I thank members. We meet at the same time next weekâwe will find out in which room.
Meeting closed at 14:34.