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 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 the Executive's decision and that there is a sensible outcome in putting together two orders so that the control element and related compensation provisions are in the same instrument. I can understand the practical advantages of that to the users of the instrument. However, from a parliamentary procedure point of view, I note that our equivalent committee in Westminster made a strong point about that, which was accepted by the United Kingdom Government.
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...