Hansard

I say at the outset that I share Bill Butler’s sentiments about the importance of bringing the legislation into effect as soon as possible, so I make it clear that I want to see and am determined to ensure that it is commenced at the very earliest practical opportunity. I am happy to give that absolute assurance to Mr Butler and I am grateful to him for the way in which he has moved amendment 5 and for the prior discussions that we have had there anent. With that in mind, amendment 5 is a temptation. It would result in the legislation coming fully into effect on the day after royal assent, perhaps in early April. Unfortunately, that is not a course that I can recommend, but I will set out in a little detail the reasons why I have to say that as minister.

The key consideration is that, as is normal, we need to ensure that proper provision is made for the legislation to come into force. That includes making transitional and saving provisions to ensure that the move from the old regime to the new is smooth and that nothing and no one falls between the legislative cracks. I am sure that Mr Butler will agree that that is important, particularly when we are dealing with people’s rights and obligations. I do not want to see any bereaved relative losing out or being involved in an unnecessary dispute simply because, in our eagerness to legislate, we missed a trick. We in the chamber have heard before that some defendants will exploit any loophole and that is one reason to ensure that we take no undue risks.

If amendment 5 were accepted and the act commenced immediately after royal assent, an order under section 18 would be needed for such transitional arrangements. The order would have to come into force immediately and would have to be made during the election purdah period. If that happened, we would be denying Parliament its scrutiny function and breaching the requirement in section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 for the Parliament to have 28 days to consider a negative instrument before it comes into force.

I should also say that acts do not ordinarily commence earlier than two months after royal assent has been given as it is recognised that the public, lawyers and other interested parties need time to prepare for the new law coming into force.

There are reasons why it would be better for the act to come into force by a commencement order two months after royal assent has been given, when Parliament will be in session. Although commencement orders require to be laid before Parliament only as a courtesy, Parliament is normally given 10 to 14 days’ notice. Of course, the Scottish Law Commission’s draft provides for the act to come into force by commencement order and recognises that transitional and supplementary provisions might be required by the inclusion of section 18. Indeed, amendment 8 improves the position for quick commencement by enabling transitional and saving provisions to be made in the commencement order itself.

The amendments in my name allow for the implementation of the bill to be as speedy as reasonably possible and should enable the act to come into force as early as two months after royal assent has been given. Amendment 8 will enable the commencement order to contain transitional provisions without the need for a separate order to be made under section 18.

Amendment 6 provides that the separate order-making power in section 18 comes into force on royal assent. Both amendments will enable ministers to expedite commencement and they have been lodged at my express behest in order to achieve that objective.

I hope that what I have said, which I am sure will have received the closest of attention from all members, will have persuaded colleagues to support amendments 6 to 8. During yesterday’s stage 3 debate on the Wildlife and Natural Environment (Scotland) Bill, I heard Peter Peacock say that, when he was a minister, he was sometimes required to read out technical arguments with which he might not necessarily have fully agreed. This is not one of those occasions, regretfully. Were there any way that I felt would be safe to commence the legislation more speedily than we can, I assure Bill Butler that I would have pursued that avenue. Unfortunately there is no such way. However, we have taken measures to expedite the time of commencement.

I conclude by saying that I hope that Bill Butler will have taken some comfort from my assurances about our intention that the law will come into force at the earliest possible and practical date.