Committee
Subordinate Legislation Committee, 20 Mar 2007
20 Mar 2007 · S2 · Subordinate Legislation Committee
Item of business
Executive Responses
Tuberculosis (Scotland) Order 2007 <br />(SSI 2007/147)
We have covered the point in the past few weeks, and we have come to a bit of an impasse with the Executive. It is now for the legacy paper and a future committee to take up.I still hold to the view that it is not right to combine different powers in the same instrument. I find it slightly strange that the Executive has agreed that affirmative and negative powers should not be combined in the same instrument but takes the opposite view when the powers are subject to negative and no parliamentary procedure. I would have thought that the same logic held in both cases.I also note that the Executive says that it is not a recent trend to use such instruments. However, considering the examples that it has given—two such instruments in the 1980s, one in the 1990s, a couple in 2003 and several in the past three weeks—it sounds as if there is a recent trend. However, that is for the next committee to take on board.
In the same item of business
The Deputy Convener:
Lab
Are members content to draw the order to the attention of the lead committee and Parliament on the ground that there has been a failure to follow proper legi...
Mr Maxwell:
SNP
We have covered the point in the past few weeks, and we have come to a bit of an impasse with the Executive. It is now for the legacy paper and a future comm...
Murray Tosh:
Con
I agree. There is a slight difference in that the Executive has explained that, when an instrument contains negative procedure and no procedure, in the event...
Mr Maxwell:
SNP
We should still point it out to the lead committee.
The Deputy Convener:
Lab
I agree with both members. The helpful note from our legal advisers goes through all the points. It sums up my feeling that there is a practical reason for t...
Murray Tosh:
Con
That strengthens the argument for a single procedure, does it not?
The Deputy Convener:
Lab
Exactly—it adds to our general recommendations to reform the overall procedures.
Mr Maxwell:
SNP
I am sure that I am right that we operate under the same procedures as the Westminster Parliament. It is where we got our procedures from, and we have not mo...
The Deputy Convener:
Lab
It is probably not what you would describe as a Scottish solution for a Scottish problem.
Mr Maxwell:
SNP
It does not sound like it.
The Deputy Convener:
Lab
The point has been made that we are concerned about the procedure. I agree with Stewart Maxwell that there is a trend of using it—a few sporadic examples fro...