25th Report, 2008 (Session 3)

Annual Report 2007-08

Remit and membership

Remit:

1. The remit of the Subordinate Legislation Committee is to consider and report on-

(a) any-

(i) subordinate legislation laid before the Parliament;

(ii) Scottish Statutory Instrument not laid before the Parliament but classified as general according to its subject matter,

and, in particular, to determine whether the attention of the Parliament should be drawn to any of the matters mentioned in Rule 10.3.1;

(b) proposed powers to make subordinate legislation in particular Bills or other proposed legislation;

(c) general questions relating to powers to make subordinate legislation; and

(d) whether any proposed delegated powers in particular Bills or other legislation should be expressed as a power to make subordinate legislation.

(Standing Orders of the Scottish Parliament, Rule 6.11)

Membership:
Jackie Baillie
Jackson Carlaw
Helen Eadie
Ian McKee
John Park
Gil Paterson (Deputy Convener)
Jamie Stone (Convener)

Committee Clerking Team:

Clerk to the Committee
Shelagh McKinlay

Senior Assistant Clerk
David McLaren

Assistant Clerk
Jake Thomas

Annual Report 2007-08

The Committee reports to the Parliament as follows—

Introduction

1. This Report covers the work of the Subordinate Legislation Committee during the parliamentary year from 9 May 2007 to 8 May 2008. The Committee has scrutinised a number of bills and instruments again this year, reporting on technical issues to subject Committees and the Parliament.

Inquiry into the Regulatory Framework in Scotland

2. The Committee completed its inquiry into the regulatory framework in Scotland, and published its report on 18 March 2008. The Committee considered its predecessor’s conclusions and its recommendation that the current procedures for scrutinising subordinate legislation should be replaced with a new system. The Committee took further evidence, and whilst acknowledging the benefits of the new system recommended by its predecessor, it was mindful that there was neither widespread enthusiasm for the wholesale redesign of subordinate legislation procedures in the Parliament, nor support for this by successive Governments. It also considered that, whilst the proposed new system would address some of the problems which exist within current procedures, it would create others. The Committee recommended therefore that, rather than wholesale change, a range of improvements should be made to current procedures within the existing framework, which, in the Committee’s view, would help streamline procedures and improve scrutiny.

3. The Scottish Government subsequently agreed to sponsor a statutory instruments bill based on the Committee’s recommendations, which would replace The Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999, which governs current procedures for the handling of subordinate legislation in the Scottish Parliament. In a spirit of co-operation and shared objectives, the Committee will continue to work closely with the Government in taking the bill forward.

Bills

4. The Committee considers delegated powers provisions in Government, Members’, Committee and Private bills. Over the reporting period, the Committee has considered and reported on 5 bills at Stage 1 and 1 bill as amended at Stage 2. It also reported on 3 legislative consent memorandums on UK bills.

5. The Committee has considered fewer bills in the last year than in previous years. Its recommendations on bills however have led to a number of changes by the Government to relevant provisions, and through its scrutiny process the Committee continues to ensure that the correct balance between primary and secondary legislation is maintained.

Subordinate Legislation

6. The Committee has continued to work to tight timescales in its consideration of subordinate legislation, usually producing at least one report per week during periods when the Parliament is sitting. During the parliamentary year, the Committee published 38 statutory instrument reports, reporting on 366 Scottish Statutory Instruments in total.

7. Of the instruments considered, 48 were subject to affirmative procedure, 227 to negative procedure, and 91 which were either not laid or not subject to Parliamentary procedure.

Equalities

8. The Committee considers equalities issues which can arise under the European Convention on Human Rights and under Community law.  It is part of the Committee’s remit to draw the attention of lead committees and the Parliament to any instrument that in its opinion fails to comply with any such requirement.  

9. It is also within the Committee’s remit to report any instrument on the grounds of an unusual or unexpected use of a power which raises equalities issues.

10. The Committee also scrutinises drafting practice and so points out, for example, failure to use gender neutral language in instruments.

Meetings

11. During the parliamentary year, the Committee met 32 times. Of these meetings, none were entirely in private and 10 were partly in private.

12. All the meetings were held in Edinburgh.