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Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

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Showing 60 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
Dr Jackson: Lab Committee
05 Nov 2002
Local Government in Scotland Bill: Stage 2
Amendment 62 is a technical amendment. It would solve a problem that was first raised by the Scottish Parliament information centre—SPICe. I am grateful for its close scrutiny of the bill, which highlighted the problem.In section 1, best value is referred to as being"continuou...
The Convener (Dr Sylvia Jackson): Lab Committee
08 Jun 2004
Delegated Powers Scrutiny
I welcome colleagues to the 20th meeting in 2004 of the Subordinate Legislation Committee. We have apologies from Alasdair Morgan and Mike Pringle.The first item on the agenda is delegated powers scrutiny. We are considering the Antisocial Behaviour etc (Scotland) Bill, as ame...
The Convener: Lab Committee
17 May 2005
Delegated Powers Scrutiny
Absolutely. The first suggestion is:"To exercise the power by issuing guidance."The second suggestion is:"To limit the direction-making power to specified matters so that the Committee is in a position to judge whether these matters are appropriate for an instrument not subjec...
The Convener: Lab Committee
08 Nov 2005
Delegated Powers Scrutiny
Item 3 is delegated powers scrutiny in relation to the Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Bill at stage 1. We will have another chance to consider the bill, as we have a few concerns. The bill makes provision for a new mul...
The Convener: Lab Committee
29 Nov 2005
Delegated Powers Scrutiny
I am sure that Stewart Maxwell will pick up the baton.Section 33 concerns the duty of the commissioner not to proceed with certain complaint-handling reviews. It enables the commissioner to discontinue a complaint-handling review in some circumstances and contains three regula...
The Convener: Lab Committee
17 Jan 2006
Delegated Powers Scrutiny
I understand from the Executive's response—we have already had this explanation twice from the Executive—that it is trying its utmost to have the best parliamentary scrutiny and, at the same time, the ability to respond quickly to emergencies. Obviously, that is what we want i...
The Convener (Dr Sylvia Jackson): Lab Committee
07 Feb 2006
Delegated Powers Scrutiny
I welcome members to the fifth meeting of the Subordinate Legislation Committee in 2006. I have received apologies from Stewart Maxwell. I remind members to switch off their mobile phones.Members will recall that we raised a number of points with the Executive on part 1 of the...
The Convener: Lab Committee
23 May 2006
Delegated Powers Scrutiny
We move on to section 8, "Specified diseases". The amendment to the section was made in response to our recommendation at stage 1 that the level of parliamentary scrutiny of class 3 orders be enhanced. The issue that is raised is similar to that which we discussed earlier in r...
The Convener (Dr Sylvia Jackson): Lab Committee
30 May 2006
Delegated Powers Scrutiny
I welcome members to the 18th meeting of the Subordinate Legislation Committee in 2006. I have apologies from Adam Ingram. I remind members to switch off their mobile phones and put their cards into their consoles.Item 1 is delegated powers scrutiny of the Animal Health and We...
The Convener: Lab Committee
05 Dec 2006
Delegated Powers Scrutiny
We move now to paragraph 2(da) of schedule 3, which was introduced by section 23(2). The paragraph relates to rules on the commission's practice and procedure.At stage 1, the committee took the view that the importance and sensitivity of the provisions went beyond the purely p...
Dr Sylvia Jackson (Stirling) (Lab): Lab Committee
16 Nov 2005
Family Law (Scotland) Bill: <br />Stage 2
Amendments 80 to 82 are an attempt to assist parents in situations in which, after separation, one party has not kept to a contact order agreement. My involvement with the issue started with a constituency case in which a non-resident parent had spent eight years and £50,000 t...
Dr Jackson: Lab Committee
13 Jan 2004
Local Governance (Scotland) Bill: Stage 1
I am pursuing this issue only because it was discussed this morning by the Subordinate Legislation Committee. Legal advice to the committee indicated that"the Bill does provide for affirmative procedure to ensure that the substance of the rules will be subject to parliamentary...
Dr Sylvia Jackson (Stirling) (Lab): Lab Committee
04 May 2004
Local Governance (Scotland) Bill: Stage 2
I acknowledge most of what Iain Smith has said, but I have some specific questions for the minister. First, he mentioned flexibility and the fact that different STV systems would need different quotas. Can he explain that a bit more? I do not remember much being said about tha...
The Convener (Dr Sylvia Jackson): Lab Committee
09 Sep 2003
Delegated Powers Scrutiny
I welcome everybody to the fifth meeting this session of the Subordinate Legislation Committee. The first agenda item is delegated powers scrutiny of the Vulnerable Witnesses (Scotland) Bill at stage 1. As someone new to the committee, I found the Scottish Executive's policy m...
The Convener: Lab Committee
16 Sep 2003
Delegated Powers Scrutiny
Agenda item 2 is delegated powers scrutiny. Members will remember that we sent several questions to the Scottish Executive about the Vulnerable Witnesses (Scotland) Bill at stage 1. We will go through the answers point by point and discuss how we want to proceed.Our first ques...
The Convener: Lab Committee
16 Sep 2003
Delegated Powers Scrutiny
We move on to delegated powers scrutiny of the Primary Medical Services (Scotland) Bill at stage 1. We received the briefing papers only recently, so we might have additional questions that we might want to bring up at next week's meeting. It has been suggested that, with resp...
The Convener: Lab Committee
16 Sep 2003
Delegated Powers Scrutiny
That is not clear, so we could ask the Executive about that.The proposed new sections of the 1978 act that section 4 of the bill introduces govern the terms and content of the general medical services contract and specify who may provide or perform primary medical services und...
The Convener: Lab Committee
16 Sep 2003
Delegated Powers Scrutiny
Exactly.Section 17N(1) confers a broad regulation-making power on the Scottish ministers that allows the imposition of further requirements that must be included in all GMS contracts. It is suggested that the Executive's view on the need for delegated powers in this instance s...
The Convener (Dr Sylvia Jackson): Lab Committee
07 Oct 2003
Delegated Powers Scrutiny
Welcome to the ninth meeting this session of the Subordinate Legislation Committee. We have apologies from Gordon Jackson, who is on an overseas visit with the Commonwealth Parliamentary Association, and from Alasdair Morgan, who is attending a Standards Committee meeting as a...
The Convener (Dr Sylvia Jackson): Lab Committee
11 Nov 2003
Delegated Powers Scrutiny
I welcome everyone to the 12th meeting this session of the Subordinate Legislation Committee. We have received apologies from Gordon Jackson and Christine May.First on the agenda is the Nature Conservation (Scotland) Bill, which has arisen from the consultation paper, "The Nat...
The Convener: Lab Committee
18 Nov 2003
Delegated Powers Scrutiny
We move on to the first item of business, which is delegated powers scrutiny of the Nature Conservation (Scotland) Bill at stage 1. The committee wrote to the Executive to raise a number of points. Members should have the Executive's response. I am sorry that most of us receiv...
The Convener (Dr Sylvia Jackson): Lab Committee
02 Dec 2003
Delegated Powers Scrutiny
I welcome colleagues to the 15th meeting of the Subordinate Legislation Committee in Parliament's second session. I have received apologies from Mike Pringle.The first item on the agenda is delegated powers scrutiny of the Education (Additional Support for Learning) (Scotland)...
The Convener (Dr Sylvia Jackson): Lab Committee
09 Dec 2003
Delegated Powers Scrutiny
I welcome colleagues to the 16th meeting this session of the Subordinate Legislation Committee. I have received apologies from Stewart Maxwell and Murray Tosh. The first item is delegated powers scrutiny, and we return to our stage 1 consideration of the Education (Additional ...
The Convener: Lab Committee
09 Dec 2003
Delegated Powers Scrutiny
If negative procedure is to be used, the scrutiny of that is not as great as it might be. Are we agreed that we will send those two suggestions to the lead committee? Members indicated agreement.
The Convener: Lab Committee
09 Dec 2003
Delegated Powers Scrutiny
We will point out to the lead committee that, although codes of practice are normally good, in this case, as they are a substitute for legislation, they are not. We have suggested options to the Executive that have not been taken up, and we expect the lead committee to conside...
The Convener: Lab Committee
09 Dec 2003
Delegated Powers Scrutiny
Item 2 is delegated powers scrutiny of the Primary Medical Services (Scotland) Bill as amended at stage 2. A couple of wee points were picked up in the Executive's memorandum, which will be dealt with. Apart from that, our legal advice is that there do not seem to be any parti...
The Convener (Dr Sylvia Jackson): Lab Committee
16 Dec 2003
Delegated Powers Scrutiny
I welcome colleagues to the 17th meeting this session of the Subordinate Legislation Committee: the last meeting before Christmas. I have received no apologies this morning; we have a full house. The first item on the agenda is delegated powers scrutiny of the Criminal Procedu...
The Convener: Lab Committee
16 Dec 2003
Delegated Powers Scrutiny
Item 2 is delegated powers scrutiny of the Primary Medical Services (Scotland) Bill prior to stage 3 consideration. We have just received a second supplementary memorandum on the bill from the Executive. I am aware that members have not had much time to look at it, but I see t...
The Convener (Dr Sylvia Jackson): Lab Committee
06 Jan 2004
Delegated Powers Scrutiny
I welcome members to the first meeting of 2004, and I wish everybody a happy new year. I have received two apologies. One is from Gordon Jackson, and the second is from Mike Pringle, who is attending the Justice 2 Committee's meeting today.The first item is delegated powers sc...
The Convener (Dr Sylvia Jackson): Lab Committee
13 Jan 2004
Delegated Powers Scrutiny
I welcome members to the second meeting this year of the Subordinate Legislation Committee.Item 1 is delegated powers scrutiny. This week, we are considering the Local Governance (Scotland) Bill at stage 1. Members will see from their legal brief that the bill contains seven p...
The Convener: Lab Committee
13 Jan 2004
Delegated Powers Scrutiny
That is agreed.Section 10(3)(d) inserts two new subsections into section 28 of the Local Government (Scotland) Act 1973. The new subsections are concerned with empowering the Scottish ministers to make rules in relation to the consideration, for the purposes of part 1 of the b...
The Convener: Lab Committee
20 Jan 2004
Delegated Powers Scrutiny
Item 1 is delegated powers scrutiny. Members will remember the question that we raised with the Scottish Executive about the Local Governance (Scotland) Bill. We have received a reply from the Executive, and we also have before us some comments from our legal advisers.
The Convener: Lab Committee
10 Feb 2004
Delegated Powers Scrutiny
The first item concerns delegated powers scrutiny. The committee will remember that we raised various points on the Antisocial Behaviour etc (Scotland) Bill, and we now have comments back from the Executive, which we will take in turn. We have had fairly full responses to the ...
The Convener: Lab Committee
10 Feb 2004
Delegated Powers Scrutiny
Section 51 relates to directions in respect of a duty under section 89 of the Environmental Protection Act 1990 and raised the question of the difference between direction and the code of practice and the issue of parliamentary scrutiny. Again, the Executive's response does no...
The Convener: Lab Committee
10 Feb 2004
Delegated Powers Scrutiny
Section 112(2) is the commencement, which is always an issue for the committee. In this case, we were worried that the powers are potentially very wide and, if exercised through a commencement order, would not be subject to any parliamentary scrutiny. We could raise with the E...
The Convener (Dr Sylvia Jackson): Lab Committee
02 Mar 2004
Delegated Powers Scrutiny
I welcome everyone to this meeting of the Subordinate Legislation Committee.Item 1 is delegated powers scrutiny of the Tenements (Scotland) Bill at stage 1. We wrote to the Executive about a number of points. The first was on section 4, which is about the depositing of sums of...
The Convener: Lab Committee
02 Mar 2004
Delegated Powers Scrutiny
Item 2 relates to a matter with which I think we all have much sympathy: it is on delegated powers scrutiny of the Fire Sprinklers in Residential Premises (Scotland) Bill at stage 1. The bill provides for the mandatory installation of fire sprinkler systems in certain resident...
The Convener: Lab Committee
09 Mar 2004
Delegated Powers Scrutiny
Item 2 is delegated powers scrutiny. Members will remember that we asked the Scottish Executive several questions about the Tenements (Scotland) Bill at stage 1. Members have the answers that we received, together with the legal advice.I suggest that, given the answers that we...
The Convener (Dr Sylvia Jackson): Lab Committee
27 Apr 2004
Delegated Powers Scrutiny
I welcome members to the 14th meeting of the Subordinate Legislation Committee this year. I have received no apologies. Item 1 is delegated powers scrutiny of the National Health Service Reform (Scotland) Bill as amended at stage 2. A number of changes have been made to the bi...
The Convener: Lab Committee
27 Apr 2004
Delegated Powers Scrutiny
Would it be in order for us to make Parliament aware of those two changes, which have resulted in our recommending that the provisions concerned be put instead in guidance—which will not be subject to parliamentary scrutiny?Members indicated agreement.
The Convener: Lab Committee
04 May 2004
Delegated Powers Scrutiny
Item 1 is delegated powers scrutiny of the National Health Service Reform (Scotland) Bill as amended at stage 2. Our report on that will be produced tomorrow morning. Murray Tosh has arrived, so we now have one of our two missing members. The committee will remember that we as...
The Convener: Lab Committee
04 May 2004
Delegated Powers Scrutiny
Item 2 is delegated powers scrutiny of the Emergency Workers (Scotland) Bill at stage 1. Committee members have received the bill and associated information. The bill, which is part of the antisocial behaviour agenda, creates a new offence of assaulting or impeding persons who...
The Convener: Lab Committee
11 May 2004
Delegated Powers Scrutiny
For item 2, delegated powers scrutiny of the Prohibition of Smoking in Regulated Areas (Scotland) Bill at stage 1, we have with us Stewart Maxwell, the member in charge of the bill—he is a member of the committee, of course. He is happy to answer questions on the bill.There ar...
The Convener: Lab Committee
17 May 2004
Delegated Powers Scrutiny
Section 4(1) relates to directions, rather than subordinate legislation. There is therefore no scrutiny attached to the provision. It concerns directions given by Scottish ministers to the registrar of independent schools regarding the information that must be recorded in the ...
The Convener (Dr Sylvia Jackson): Lab Committee
15 Jun 2004
Delegated Powers Scrutiny
I welcome members to the 21st meeting this year of the Subordinate Legislation Committee. I also welcome representatives of the Scottish Executive. With us are Sarah Morrell, local democracy team leader in the Finance and Central Services Department, and Rosemary Lindsay of th...
The Convener: Lab Committee
15 Jun 2004
Delegated Powers Scrutiny
I have just been asking Alasdair Rankin about that. We will write our report on our scrutiny of the bill at stage 2, but there is nothing stopping an individual MSP lodging an amendment, and they could do so right up to the actual debate. Are there any further questions, or is...
The Convener (Dr Sylvia Jackson): Lab Committee
22 Jun 2004
Delegated Powers Scrutiny
I welcome members to the 22nd meeting in 2004 of the Subordinate Legislation Committee. I have received apologies from Gordon Jackson, who is attending this morning's Finance Committee meeting as a substitute. He will attend this meeting if he can.The first item on the agenda ...
The Convener: Lab Committee
14 Sep 2004
Delegated Powers Scrutiny
Members will remember that we considered the Tenements (Scotland) Bill at an early stage and made recommendations about sections 4(11) and 22(4)(f). Our recommendations are highlighted in paragraph 11 of the legal brief. The Executive has chosen to take up the second one, whic...
The Convener: Lab Committee
09 Nov 2004
Delegated Powers Scrutiny
Agenda item 2 is delegated powers scrutiny. Last week, we asked two questions of the Scottish Executive about the Gaelic Language (Scotland) Bill at stage 1. The first question related to section 2 and the national Gaelic language plan. The reply indicates that there will be a...
The Convener: Lab Committee
23 Nov 2004
Delegated Powers Scrutiny
Item 1 is delegated powers scrutiny of the Edinburgh Tram (Line One) Bill at the preliminary stage. Members will recall that everything applying to that bill also applies to the Edinburgh Tram (Line Two) Bill.We raised three points and sent our queries to the promoter. The fir...
The Convener (Dr Sylvia Jackson): Lab Committee
14 Dec 2004
Delegated Powers Scrutiny
I welcome members to the 35th meeting this year of the Subordinate Legislation Committee. I have received no apologies for today's meeting. We move swiftly on to delegated powers scrutiny and the Executive's responses to our questions on the Further and Higher Education (Scotl...
The Convener: Lab Committee
14 Dec 2004
Delegated Powers Scrutiny
Yes. The legal brief also highlights a point about the Further and Higher Education (Scotland) Act 1992. We are a bit worried about the fact that the Executive keeps referring to it. We were wondering how much scrutiny was made of that. I welcome Gordon Jackson to the committe...
The Convener: Lab Committee
01 Feb 2005
Delegated Powers Scrutiny
I welcome the committee back for agenda item 2, which is delegated powers scrutiny relating to the Protection of Children and Prevention of Sexual Offences (Scotland) Bill at stage 1. The bill gives ministers the power to make subordinate legislation for two purposes. The firs...
The Convener: Lab Committee
01 Feb 2005
Delegated Powers Scrutiny
We move now to item 3 on our agenda, which is delegated powers scrutiny relating to the Charities and Trustee Investment (Scotland) Bill at stage 1. The bill introduces a new regulatory regime for charities in Scotland and sets up a new charity regulator and a public register ...
The Convener: Lab Committee
01 Feb 2005
Delegated Powers Scrutiny
Subsections (1), (2) and (6) of new section 12A concern financing, borrowing and guarantees. The Executive cites flexibility as the principal justification for the delegated powers in that instance. It considers that the scrutiny that is available under the negative procedure,...
The Convener: Lab Committee
08 Feb 2005
Delegated Powers Scrutiny
Agenda item 4 is scrutiny of the delegated powers in the Charities and Trustee Investment (Scotland) Bill. On section 6(1), which provides for further procedure on applications, the Executive accepts that the drafting is what is described as "circular" and it will make appropr...
The Convener: Lab Committee
08 Feb 2005
Delegated Powers Scrutiny
Item 6 is on the Fire (Scotland) Bill as amended at stage 2. Section 2(1) deals with schemes to constitute joint fire and rescue boards. During a stage 1 evidence session, the Deputy Minister for Justice gave assurances that the power would be amended so that it would be subje...
The Convener: Lab Committee
08 Feb 2005
Delegated Powers Scrutiny
You think that annulment does not provide the right level of scrutiny.
The Convener: Lab Committee
15 Mar 2005
Delegated Powers Scrutiny
Item 2 is delegated powers scrutiny of the Family Law (Scotland) Bill at stage 1. Committee members will remember that we raised two points with the Executive. The first of those was to do with the parental responsibilities and parental rights of unmarried fathers under sectio...
The Convener: Lab Committee
22 Mar 2005
Delegated Powers Scrutiny
We move on swiftly to agenda item 2 because we have quite a heavy agenda today. Item 2 is delegated powers scrutiny of the Smoking, Health and Social Care (Scotland) Bill at stage 1. As members will have seen, the bill has a large number of subordinate legislation powers. Obvi...
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Committee

Local Government Committee, 05 Nov 2002

05 Nov 2002 · S1 · Local Government Committee
Item of business
Local Government in Scotland Bill: Stage 2
Jackson, Dr Sylvia Lab Stirling Watch on SPTV
Amendment 62 is a technical amendment. It would solve a problem that was first raised by the Scottish Parliament information centre—SPICe. I am grateful for its close scrutiny of the bill, which highlighted the problem.In section 1, best value is referred to as being"continuous improvement in the performance of the authority's functions."Amendment 62 would ensure that improvement in the outcomes that local authorities achieve will be captured in the bill, as well as the processes by which the outcomes are arrived at. Auditors would be able to test and comment on whether there is evidence that outcomes are improving. The amendment will help to tie scrutiny of performance indicator information into best-value scrutiny processes.Such information on outcomes could come from a variety of sources. It might be information that is collected by local authorities for their own use. It might be that which is collected and provided by local authorities in response to a direction from the Accounts Commission for Scotland under the Local Government Act 1992, as amended by section 15, which looks for outcomes that are suitable for national best value and community planning agendas. The information might even have been collected by other organisations, such as through the "Scottish Household Survey". The important criteria will be whether available information has something to tell us about outcomes and is reliable—not who is responsible for producing it.I move amendment 62.

In the same item of business

The Convener: Lab
Before we move on to stage 2 consideration of the Local Government in Scotland Bill, I will outline some housekeeping arrangements. I welcome to the committe...
Section 1—Local authorities' duty to secure best value
The Convener: Lab
The first amendment to be debated is amendment 60, which is grouped with amendments 61 and 64.
Ms Sandra White (Glasgow) (SNP): SNP
The original intention behind amendment 60 was to create a new subsection. On the advice of the clerks, I am seeking instead to add the new wording that is p...
The Deputy Minister for Finance and Public Services (Peter Peacock): Lab
I regret to say that I have real reservations about Sandra White's amendments, even though I recognise the spirit in which they were proposed. I understand w...
The Convener: Lab
I ask Sandra White whether she wishes to press or withdraw amendment 60.
Ms White: SNP
As I accept the minister's explanation with regard to amendment 60, I will withdraw it and I will support Sylvia Jackson's amendment 62. However, I will move...
Amendment 60, by agreement, withdrawn.
Amendment 61 moved—Ms Sandra White.
The Convener: Lab
The question is, that amendment 61 be agreed to. Are we agreed?
Members:
No.
The Convener: Lab
There will be a division.
ForWhite, Ms Sandra (Glasgow) (SNP)AgainstGodman, Trish (West Renfrewshire) (Lab)Harding, Mr Keith (Mid Scotland and Fife) (Con)Jackson, Dr Sylvia (Stirling)...
The Convener: Lab
The result of the division is: For 1, Against 5, Abstentions 0.
Amendment 61 disagreed to.
The Convener: Lab
Amendment 1 is grouped with amendment 31
Peter Peacock: Lab
We were happy to respond positively to the committee's recommendation that sustainable development should be referred to in the duty of best value that is in...
Iain Smith (North-East Fife) (LD): LD
I welcome the minister's acceptance of the committee's recommendation in its stage 1 report that the bill should include sustainable development and sustaina...
The Convener: Lab
I ask the minister to wind up. It would also be helpful if you could expand on the issue of best value in public bodies.
Peter Peacock: Lab
I welcome the committee's support for amendment 1. As far as best value throughout the rest of the public sector is concerned, I said in my opening speech in...
Amendment 1 agreed to.
The Convener: Lab
I call Kate Maclean, on behalf of the Equal Opportunities Committee, to speak to and move amendment 2, which is grouped with amendment 9.
Kate Maclean (Dundee West) (Lab): Lab
Amendments 2 and 9 seek to implement the 10th recommendation of the Equal Opportunities Committee's stage 1 report on the Local Government in Scotland Bill. ...
Mr Keith Harding (Mid Scotland and Fife) (Con): Con
I have some concerns about amendment 9. I understand where the Equal Opportunities Committee is coming from and I am supportive of its point of view. However...
Ms White: SNP
I support amendments 2 and 9. It is important that the Scottish Parliament leads the way. Local councils support equal opportunities; under law they should s...
Peter Peacock: Lab
I listened carefully to what Kate Maclean said. She knows that the Executive is keen to advance the cause of equalities wherever that is feasible. The Equal ...
Kate Maclean: Lab
I am unable not to press the amendments because they were lodged on behalf of the Equal Opportunities Committee. The committee discussed the issues that the ...
The Convener: Lab
The question is, that amendment 2 be agreed to. Are we agreed?
Members:
No.
The Convener: Lab
There will be a division.