SUBORDINATE LEGISLATION COMMITTEE Tuesday 21 January 2003 (Morning) Session 1 £5.00 Parliamentary copyright. Scottish Parliamentary Corporate Body 2003. Applications for reproduction should be made in writing to the Licensing Division, Her Majesty’s Stationery Office, St Clements House, 2-16 Colegate, Norwich NR3 1BQ Fax 01603 723000, which is administering the copyright on behalf of the Scottish Parliamentary Corporate Body. Produced and published in Scotland on behalf of the Scottish Parliamentary Corporate Body by The Stationery Office Ltd. Her Majesty’s Stationery Office is independent of and separate from the company now trading as The Stationery Office Ltd, which is responsible for printing and publishing Scottish Parliamentary Corporate Body publications. CONTENTS Tuesday 21 January 2003 Col. DELEGATED POWERS SCRUTINY ............................................................................................................ 1171 Land Reform (Scotland) Bill: as amended at Stage 2 ......................................................................... 1171 Water Environment and Water Services (Scotland) Bill: as amended at Stage 2 ................................. 1172 Public Appointments and Public Bodies etc (Scotland) Bill: as amended at Stage 2............................. 1173 DRAFT INSTRUMENTS SUBJECT TO APPROVAL ......................................................................................... 1174 Proceeds of Crime Act 2002 (Disclosure of Information to and by Lord Advocate and Scottish Ministers) Order 2003 (draft) ............................................................................................ 1174 Proceeds of Crime Act 2002 (Investigations: Code of Practice) (Scotland) Order 2003 (draft) .............. 1174 INSTRUMENTS SUBJECT TO ANNULMENT ................................................................................................. 1175 Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003 (SSI 2003/9) ............................................................................................................................... 1175 Education (Disability Strategies) (Scotland) Amendment Regulations 2003 (SSI 2003/10) ................... 1175 National Health Service (General Medical Services) (Scotland) Amendment Regulations 2003 (SSI 2003/11) .............................................................................................................................. 1175 Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 (SSI 2003/19) ....................... 1175 Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Amendment Order 2003 (SSI 2003/20).......................................................................................... 1176 INSTRUMENTS NOT SUBJECT TO PARLIAMENTARY CONTROL ...................................................................... 1178 Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast ) (No 6) (Scotland) Order 2002 Revocation Order 2003 (SSI 2003/17) ......................................................... 1178 Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No 15) (Scotland) Order 2002 Revocation Order 2003 (SSI 2003/18) ......................................................... 1178 TORONTO CONFERENCE ....................................................................................................................... 1179 SUBORDINATE LEGISLATION COMMITTEE 3rd Meeting 2003, Session 1 CONVENER CLERK TO THE COMMITTE E *Ms Margo Mac Donald (Lothians) (SNP) Alasdair Rankin DEPU TY CONVENER SENIOR ASSISTANT CLERK *Ian Jenkins (Tw eeddale, Ettrick and Lauderdale) (LD) Steve Farrell COMMI TTEE MEMBERS ASSISTANT CLERKS *Bill Butler (Glasgow Anniesland) (Lab) Joanne Clinton *Colin Campbell ( West of Scotland) (SNP) Alistair Fleming Brian Fitzpatrick (Strathkelvin and Bearsden) (Lab) Murdo Fraser (Mid Scotland and Fife) (Con) *Gordon Jac kson (Glasgow Govan) (Lab) LOC ATION Committee Room 3 COMMI TTEE SUBSTITU TES *Jac kie Baillie (Dumbarton) (Lab) Mr Kenny MacAskill (Lothians) (SNP) Mr Brian Monteith (Mid Scotland and Fife) (Con) Mr Mike Rumbles (West Aberdeenshire and Kincardine) (LD) *attended 1171 21 JANUARY 2003 1172 Scottish Parliament should be eradicated wherever it is spotted. Does that summarise the committee’s views? Subordinate Legislation Members indicated agreement. Committee The Convener: There was one point on which the Executive agreed with us: that section 24A(6) Tuesday 21 January 2003 requires to be amended. We thank the Executive for that. (Morning) There was a question about sub-delegation in relation to regulations made under sections 59 and [THE CONVENER opened the meeting at 11:26] 86, and whether the powers under the bill provide for that. We should mention that in our report to The Convener (Ms Margo MacDonald): I the Executive. welcome everyone to the third meeting of the Subordinate Legislation Committee in this year of The Executive appears to have accepted the our Lord 2003. committee’s point that it might be a good idea to look again at the design of the enabling powers I notify the committee that apologies have been while there is still time to fine-tune them, which received from Brian Fitzpatrick, Murdo Fraser and would help to avoid difficulties in the future. That Bill Butler. I welcome Jackie Baillie, who is seems self-evident, but we thank the Executive for substituting for Brian. You will get your pills on the that all the same. way out. Jackie Baillie (Dumbarton) (Lab): Can I not Water Environment and Water Services get them before we start? (Scotland) Bill: as amended at Stage 2 Delegated Powers Scrutiny 11:30 The Convener: We have slightly longer to Land Reform (Scotland) Bill: as amended produce our report on this bill. It needs to be produced for 29 January. at Stage 2 Ian Jenkins (Tweeddale, Ettrick and The Convener: We raised a couple of points Lauderdale) (LD): We could probably deal with about changes that were made at stage 2 to the the item today. subordinate legislation powers under the bill. One related to section 24A, on guidance. We noted that The Convener: Excellent. I invite members’ the new provision does not provide for the comments. We raised with the Executive three amendment, variation or revocation of guidance matters concerning amendments to the delegated made under the bill. We take a different view from powers under the bill. There was a question about the Executive on how the matter has been dealt the memorandum to the committee. with. We think that there is quite a difference Ian Jenkins: We were worried about its between the power to make an order and the accuracy. The Executive has now supplied the power to amend an order. If the powers under the missing information and we accept that the bill were the same as the powers under the matters concerned are appropriate for delegated Agriculture (Miscellaneous Provisions) Act 1968, legislation. The Executive has moved forward on that would bridge the gap between the Executive the matter. and us. We welcome the Executive’s positive response: We must report on the bill tomorrow, so I it agrees that the exercise of the power at recommend that we put on record our feelings on paragraph 20(4) of schedule 2, to uprate the the matter. We should thank the Executive for its amount of the maximum penalty in line with response, but point out that it has not answered changes in the value of money, should be subject the questions that we posed. We should suggest to the negative procedure. It has agreed to that there is another way of dealing with the introduce an amendment at stage 3 to that effect. matter. The Executive seems to have complied with our Furthermore, we should say that we think that wishes in that regard. the Executive’s amending the bill in the way that The Convener: We raised the business of the was outlined should not be precluded simply so-called open powers in relation to section 31. because of a suspicion that a similar question We queried the matter, not necessarily because might arise in relation to existing legislation. We we opposed the Executive’s intention but because think that bad practice should not be continued; it we wanted to understand the Executive’s point of 1173 21 JANUARY 2003 1174 view and to find out why it wanted to use open powers. I think that members would agree that the Draft Instruments Subject to bill is a one-off in that respect. The matter has come to us in connection with section 2(2) of the Approval European Communities Act 1972, so it is perhaps sensible to align our procedures with European Proceeds of Crime Act 2002 (Disclosure of procedures. Information to and by Lord Advocate and How nice it is to see Bill Butler arrive—I had said Scottish Ministers) Order 2003 (draft) that you would not be here this morning. The Convener: The Executive has not said Bill Butler (Glasgow Anniesland) (Lab): Well, I when the enabling powers in relation to the order made it. Thank you, convener. will come into force, so we have to ask when that The Convener: That is really very good—and will happen. Is that correct? very touching. Ian Jenkins: Yes. We have to do the same with Bill Butler: I am glad that you are touched. the next statutory instrument. The Convener: Right, we are okay with our Proceeds of Crime Act 2002 scrutiny for that bill. (Investigations: Code of Practice) (Scotland) Order 2003 (draft) Public Appointments and Public Bodies etc (Scotland)