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To be honest, I am not desperately concerned about the instrument. Although the Executive may have proceeded inelegantly, I am inclined to allow the instrument to go ahead.
Until then, it was stalemate; the minute that we tell it that its position is quite good, it says, "Maybe we're wrong—we'll go and look at it again." That may be a tactical method of getting through such matters.
Politically, I never bother taking any perspective on whether a matter is vires, but other members may have a different opinion. It might be appropriate to highlight the issue raised by the fact that the necessary Commission approval has not yet been received.
We had raised various matters with regard to SSI 1999/149, and we have received a response that appears to indicate that the Executive may have got this wrong but that that will make no discernible difference.
To ask the Scottish Executive, further to the answer to question S2W-7885 by Mr Jim Wallace on 12 May 2004, what percentage of full-time students held a part-time job during the university academic year from May 2003 to March 2004.
In answer to my question in Parliament last month, you said that you expected to make a decision within 12 months. Today is 1 May 2002. Will we have a decision by 1 May 2003?
We should ask the Mental Welfare Commission for clarification and for its observations. It may be that the present legal restrictions mean that its records should not be disclosed; those may not currently fall within the act.