Transport and the Environment Committee, 31 Jan 2001

Meeting date: Wednesday, January 31, 2001

Official Report 265KB pdf

---

Scotland Act 1998 (Agency Arrangements) (Specification) (No 2) Order 2000 (SI 2000/3250)

The next item on the agenda is consideration of subordinate legislation. The Scotland Act 1998 (Agency Arrangements) (Specification) (No 2) Order 2000 (SI 2000/3250) was laid on 8 January and the committee has been designated as lead committee for its consideration. In accordance with previous practice, the committee has received an Executive note and a committee covering note on the instrument.

As we are following standard negative procedure, the Parliament has the power to annul the order by resolution within 40 days, excluding any recesses. The time limit for parliamentary action expires on 16 February 2001, which means that the committee should report on the instrument by 12 February. The Subordinate Legislation Committee considered the instrument at its meeting on 16 January and agreed to raise certain points on it with the Executive, which are outlined in the Subordinate Legislation Committee's fourth report. The relevant extracts of that report have been circulated to committee members.

As I was not involved in the earlier part of the process, I feel a bit naked raising this matter now. However, the second page of the Executive note mentions that the Department of the Environment, Transport and the Regions will take over responsibility for sampling in Scotland. I am not sure about the negative and positive aspects of giving the DETR such responsibility. However, as the instrument has already come before the committee and points have already been raised with the Executive, it is probably too late to raise the matter now.

I take your point about time scales. However, I am happy to seek clarification in writing on that matter and will copy any correspondence to you.

We need some more information about exactly what it means to give the DETR such responsibility and why it is necessary.

Are you willing to agree that the instrument be passed and then seek clarification at a later date?

I would rather have the clarification first to work out the arguments for and against giving the DETR responsibility for sampling in Scotland and to find out why the Executive cannot take that responsibility on itself.

We will put that matter on the agenda for our Aberdeen meeting, by which time we will have received clarification from the Executive.