5th Report, 2008 (Session 3)

Subordinate Legislation

Remit and membership

Remit:  

To consider and report on (a) further and higher education, lifelong learning, schools, pre-school care, skills and other matters falling within the responsibility of the Cabinet Secretary for Education and Lifelong Learning; and (b) matters relating to culture and the arts falling within the responsibility of the Minister for Europe, External Affairs and Culture.

Membership:

Aileen Campbell
Rob Gibson (Deputy Convener)
Kenneth Macintosh
Christina McKelvie
Mary Mulligan
Jeremy Purvis
Elizabeth Smith
Karen Whitefield (Convener)

Committee Clerking Team:

Clerk to the Committee
Eugene Windsor

Senior Assistant Clerk
Nick Hawthorne

Assistant Clerk
Andrew Proudfoot

Subordinate Legislation

The Committee reports to the Parliament as follows—

1. At its meeting on 4 June 2008, the Education, Lifelong Learning and Culture Committee considered the following affirmative instrument—

the draft Further and Higher Education (Scotland) Act 1992 Modification Order 2008.

2. Adam Ingram MSP, Minister for Children and Early Years, moved—

S3M-1919: That the Education, Lifelong Learning and Culture Committee recommends that the draft Further and Higher Education (Scotland) Act 1992 Modification Order 2008 be approved.

3. During the debate, concerns were raised as to whether, under the amended section of the Further and Higher Education (Scotland) Act 1992, Scottish Ministers will continue to have powers to close a higher education institution. The Minister was also questioned on whether any alternative approaches were considered to maintain the charitable status of Scottish post-1992 higher education institutions.

4. The Minister agreed to address the issues raised by the Committee.

5. After debate, the motion was agreed to.

6. Also at its meeting on 4 June 2008, the Education, Lifelong Learning and Culture Committee considered the following affirmative instrument—

the draft Protection of Children (Scotland) Act 2003 (Amendment of the Definition of Child Care Position) Order 2008.

7. Adam Ingram MSP, Minister for Children and Early Years, moved—

S3M-1921: That the Education, Lifelong Learning and Culture Committee recommends that the draft Protection of Children (Scotland) Act 2003 (Amendment of the Definition of Child Care Position) Order 2008 be approved.

8. The Committee sought clarification from the Minister on whether individuals who would no longer require disclosure as a result of this order would still be disclosed for all other activities defined as being a ‘child care position’.

9. The Minister confirmed that individuals would still be disclosed for any activity defined as being a ‘child care position’ regardless of any exemption made by the Order.

10. After debate, the motion was agreed to.