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Delegated Powers and Law Reform Committee Delegated Powers and Law Reform Committee Tuesday 23 October 2018 Session 5 © Parliamentary copyright. Scottish Parliamentary Corporate Body Information on the Scottish Parliament’s copyright policy can be found on the website - www.parliament.scot or by contacting Public Information on 0131 348 5000 Tuesday 23 October 2018 CONTENTS Col. DECISION ON TAKING BUSINESS IN PRIVATE ....................................................................................................... 1 INSTRUMENTS SUBJECT TO AFFIRMATIVE PROCEDURE ........................................................................................ 2 Assigned Colleges (University of the Highlands and Islands) Order 2018 [Draft] ........................................ 2 Budget (Scotland) Act 2018 Amendment Regulations 2018 [Draft] ............................................................. 2 First-tier Tribunal for Scotland Social Security Chamber and Upper Tribunal for Scotland (Composition) Regulations 2018 [Draft] .................................................................................................... 2 INSTRUMENTS SUBJECT TO NEGATIVE PROCEDURE ............................................................................................. 3 Private Landlord Registration (Information and Fees) (Scotland) Amendment Regulations 2018 (SSI 2018/292) .......................................................................................................................................... 3 Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2018 (SSI 2018/293) ................. 3 National Health Service (General Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 2018 (SSI 2018/300) ............................................................................................................. 3 INSTRUMENT NOT SUBJECT TO PARLIAMENTARY PROCEDURE ............................................................................. 4 Social Security (Scotland) Act 2018 (Commencement No 2, Transitory and Saving Provision) Regulations 2018 (SSI 2018/298 (C 20)) .................................................................................................. 4 TRANSPORT (SCOTLAND) BILL: STAGE 1 ............................................................................................................ 5 DELEGATED POWERS AND LAW REFORM COMMITTEE 30th Meeting 2018, Session 5 CONVENER *Graham Simpson (Central Scotland) (Con) DEPUTY CONVENER *Stuart McMillan (Greenock and Inverclyde) (SNP) COMMITTEE MEMBERS *Tom Arthur (Renfrewshire South) (SNP) *Neil Findlay (Lothian) (Lab) *Alison Harris (Central Scotland) (Con) *attended THE FOLLOWING ALSO PARTICIPATED: Kevin Gibson (Scottish Government) Michael Matheson (Cabinet Secretary for Transport, Infrastructure and Connectivity) Kat Quane (Scottish Government) Brendan Rooney (Scottish Government) CLERK TO THE COMMITTEE Andrew Proudfoot LOCATION The Adam Smith Room (CR5) 1 23 OCTOBER 2018 2 Scottish Parliament Instruments subject to Affirmative Procedure Delegated Powers and Law Reform Committee 10:01 Tuesday 23 October 2018 The Convener: No points have been raised on the following instruments. [The Convener opened the meeting at 10:01] Assigned Colleges (University of the Decision on Taking Business in Highlands and Islands) Order 2018 [Draft] Private Budget (Scotland) Act 2018 Amendment Regulations 2018 [Draft] The Convener (Graham Simpson): I welcome everyone to the 30th meeting in 2018 of the First-tier Tribunal for Scotland Social Delegated Powers and Law Reform Committee. Security Chamber and Upper Tribunal for Before we move on to the main items of Scotland (Composition) Regulations 2018 business, the committee must decide whether to [Draft] take in private agenda items 6 to 10, which involve consideration of the evidence that we are—I The Convener: Is the committee content with hope—about to hear on the Transport (Scotland) the instruments? Bill, the delegated powers provisions in various Members indicated agreement. bills and our future work programme. Does the committee agree to take those agenda items in The Convener: Does the committee wish to private? welcome the Scottish Government’s prompt action in withdrawing and relaying the first-tier tribunal Members indicated agreement. instrument in response to our recommendations The Convener: Agenda item 2 will be slightly on 2 October 2018? delayed, so we will move on to agenda item 3. Members indicated agreement. 3 23 OCTOBER 2018 4 Instruments subject to Negative Instrument not subject to Procedure Parliamentary Procedure 10:02 Social Security (Scotland) Act 2018 (Commencement No 2, Transitory and The Convener: No points have been raised on Saving Provision) Regulations 2018 (SSI the following instruments. 2018/298 (C 20)) Private Landlord Registration (Information and Fees) (Scotland) Amendment 10:03 Regulations 2018 (SSI 2018/292) The Convener: No points have been raised on the instrument. Is the committee content with it? Prisons and Young Offenders Institutions Members indicated agreement. (Scotland) Amendment Rules 2018 (SSI 2018/293) The Convener: I suspend the meeting briefly. National Health Service (General Dental 10:03 Services) (Miscellaneous Amendments) Meeting suspended. (Scotland) Regulations 2018 (SSI 2018/300) The Convener: Is the committee content with the instruments? Members indicated agreement. 5 23 OCTOBER 2018 6 10:04 the measures. That is why the proposals that are On resuming— before the committee have been framed in the way that they have been. Transport (Scotland) Bill: Stage 1 Even where the Government has decided that policy objectives are most appropriately met The Convener: Welcome back. We will now through the use of delegated powers, we want to jump back to agenda item 2, which is ensure, of course, that Parliament has the consideration of the delegated powers provisions necessary detail in the bill and supporting in the Transport (Scotland) Bill. I welcome the documents as well as evidence from and Cabinet Secretary for Transport, Infrastructure and engagement with the Government to give informed Connectivity, Michael Matheson, and the Scottish and constructive scrutiny. Transport Scotland Government officials accompanying him. Brendan officials have given evidence to the Rural Rooney is the bill team manager, Kat Quane is a Economy and Connectivity Committee, which is road works policy adviser, and Kevin Gibson is a the lead committee, and have outlined that the solicitor. Government will endeavour to share its thinking on Does the minister have an opening statement to secondary legislation with Parliament as the bill make? progresses. I reiterate that to the committee. The Cabinet Secretary for Transport, I am aware that the committee wrote to Infrastructure and Connectivity (Michael Transport Scotland with specific questions about a Matheson): I do, convener. My statement may be number of proposed delegated powers and that it helpful to the committee in considering those received a detailed response. I hope that that matters. response proved helpful in its consideration. I am keen to hear further from members to see where I The Transport (Scotland) Bill is a wide piece of can build on that or work with the committee to legislation that takes forward a suite of measures address any on-going concerns that it may have. to improve journeys for the travelling public across However, the Government is clear that the Scotland. It also makes necessary technical approach to subordinate legislation in the bill improvements in specific areas to ensure more should be seen in the context of the breadth and appropriate financial flexibility and governance complexity of the subject matter at hand. arrangements for some public bodies. The bill covers bus services, low-emission zones, I am, of course, happy to answer any questions prohibitions on pavements and double parking, from committee members. smart ticketing, road works, regional transport The Convener: Thank you very much. partnerships and canals. The bill has more than 60 delegated powers, In framing the provisions in the bill, the which is quite a high number; we do not often see Government has been acutely mindful of striking such a number. I think that the last time that there an appropriate balance between the use of was such a number was in the Planning (Scotland) primary legislation and the use of delegated Bill, and we had plenty to say about that. Why is it powers. Delegated powers are considered necessary to delegate that number of powers? appropriate in a number of places in the bill, mostly because of the complex and technical Michael Matheson: I recognise that that nature of the issues that are being dealt with. A appears to be a high number, but that is a level of technical detail that is simply not reflection of the significant range of areas that the appropriate for primary legislation will be required bill seeks to address. There are around seven in the regulations. different areas and around 70 sections in the bill. That reflects its complexity. Very technical The bill also deals with issues in relation to elements still have to be taken forward in a which experience of practical operations or number of those areas in order to ensure that the advances in technology will affect how the law bill can be effectively implemented once it has should operate. Flexibility is therefore a key driver completed its parliamentary course, and the most for our approach in a number of places. effective way for us to do that is through the I highlight that
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