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)
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 that it is annulled the Executive may implement the no-procedure elements of the package from the same date if it so wishes. I suspect that it is therefore easier than combining the affirmative and negative powers.There are a lot of issues and, as we have said before, they should be part of the legacy paper for our successor committee. We obviously have to accept what is proposed, but we should keep the issue on the agenda.
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...