Public Contracts (Scotland) Regulations 2006 (SSI 2006/1)<br />Utilities Contracts (Scotland) Regulations 2006 (SSI 2006/2)
Agenda item 4 is to consider two sets of regulations under the negative procedure. Last week, we took evidence on the regulations from the Scottish Trades Union Congress and Executive officials. We have an extract from the Subordinate Legislation Committee's report, which contains technical comments on both sets of regulations. Unlike with the affirmative procedure, under the negative procedure we cannot vote on the regulations unless a member has lodged a motion to annul, which is a motion proposing that nothing further be done under the regulations. No such motion has been lodged.
In response to questions that the convener and I asked, the Scottish Executive representative said that the Executive would be willing to give certain undertakings about future consultation. Specifically, those were to be about meetings with trade union representatives on any guidance that is issued; about a review of the guidance after 12 months; about putting an onus on public bodies in relation to article 27 of the public sector procurement directive; and about monitoring cross-cutting objectives. Would it be appropriate for you, convener, to write to the minister on behalf of the committee seeking a statement that clarifies those assurances?
I am happy to do that. Another issue that was raised was the possibility, in the light of experience, of introducing into regulations some of the measures that are in the guidance. If members agree, I am happy to write to the minister to highlight the issues that were raised.