Hansard

The Deputy Convener: LD Committee

03 Apr 2001

National Assistance (Assessment of Resources) Amendment (No 2) (Scotland) Regulations 2001<br />(SSI 2001/105)

We raised several points on the regulations. In particular, we felt that the regulations contained a drafting error as they provide for the commencement of a regulation that does not exist. However, the Executive spotted the error, and intends to correct it by revoking the reg...

The Deputy Convener: LD Committee

03 Apr 2001

National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2001<br />(SSI 2001/67)

We can do that.The committee also raised a point concerning the definition of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988. As those regulations are referred to only once in the principal regulations in the terms define...

The Deputy Convener: LD Committee

03 Apr 2001

National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2001<br />(SSI 2001/67)

Indeed. We will draw the lead committee's attention to that fact.The seventh point centres on another whole twist and turn in the instrument which creates confusion with regulation 4(2) and new regulations 8(7), 8(12) and 8(13) to 8(15). There is real difficulty understanding ...

Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD): LD Committee

20 Nov 2001

Executive Responses

We should simply draw to the attention of the lead committee the fact that the order contains defective drafting. Furthermore, the Executive has provided us with an explanation, which is not wonderful, but at least it is there. We will also draw that information to the lead co...

The Deputy Convener: LD Committee

14 May 2002

Executive Responses

There are provisions for appeals in the Marriage (Scotland) Act 2002.We will consider point 6 briefly. It concerns poor drafting in relation to regulation 13(4). The legal advice on that is that we should draw it to the attention of the lead committee.Point 11 concerns paragra...

Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD): LD Chamber

05 Sep 2002

Looked-after Children

I have quoted Shakespeare before as saying:"When sorrows come, they come not single spies,But in battalions."I also remember waiting for corporation buses when I lived in Glasgow, and finding that none would come for ages and then they would all come together. Those are exampl...

The Deputy Convener: LD Committee

20 Mar 2001

National Health Service (General Dental Services) (Scotland) Amendment Regulations 2001 (SSI 2001/57)

The committee drew the Executive's attention to the drafting defects in the regulations. We will draw to the attention of the lead committee and the Parliament that the Executive has supplied the required explanation on the drafting of the powers mentioned in the preamble and ...

Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD): LD Committee

27 Mar 2001

National Health Service (Pharmaceutical Services) (Scotland) Amendment Regulations 2001<br />(SSI 2001/70)

Defective drafting in the instrument has been drawn to our attention; we should seek an explanation of that continuing problem. Furthermore, some vires issues must be raised. Finally, as Margo MacDonald said, we should draw the attention of the Parliament and the lead committe...

Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD): LD Chamber

04 Apr 2001

Looked-after Children and Adoption Services

I welcome the debate and the minister's opening remarks. I will deal briefly with the Adoption and Children Bill's provisions for inter-country adoptions. I suspect that there will be agreement between all parties, and throughout the debate, regarding members' distaste for the...

Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD): LD Chamber

14 Nov 2001

Hypertrophic Cardiomyopathy

Like others, I congratulate Johann Lamont on raising this issue and on securing today's debate.This Monday I attended a meeting of the Scottish oral cancer action group. I mention that because my attention was first drawn to the importance and prevalence of oral cancer when th...

The Deputy Convener: LD Committee

12 Mar 2002

Executive Responses

That is right. There are questions about the "total number of complaints", to which regulation 14 refers, and whether the provisions of regulation 14(b) reflect the Executive's intention. We will refer those matters to the Parliament and the lead committee.There is also defect...

Ian Jenkins: LD Committee

18 Feb 2003

Executive Responses

We will draw to the attention of the Parliament and the lead committee an unusual or unexpected use of powers. We also think that the Executive's powers over one matter are a wee bit limited. I do not know whether we need to go into huge detail, as our report to the lead commi...

Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD): LD Committee

14 Nov 2000

Education (National Priorities) (Scotland) Order 2000 (SSI 2000/draft)

The legal adviser drew drafting problems to our attention. The preamble is perhaps insufficiently precise. Also, article 3 states:"The National priorities in education for the purposes of section 4(1) of the Standards in Scotland's Schools etc. Act 2000".That is not quite accu...

The Deputy Convener: LD Committee

20 Mar 2001

National Health Service (Pharmaceutical Services) (Scotland) Regulations 2001 (SSI 2001/70)

I do not think that we have to go through every issue that has been brought to our attention. It would be best to draw all the points together in a critique of the regulations and to put that before the Executive. A whole heap of items need to be drawn to the Executive's atten...

Ian Jenkins: LD Committee

18 Sep 2001

Foot-and-Mouth Disease (Ascertainment of Value) (Scotland)<br />(No 4) Order 2001 (SSI 2001/297)

The committee should draw the instrument to Parliament's attention as it required further explanation by the Executive. The committee should also draw Parliament's attention to the fact that article 2(6) is defectively drafted, as the Executive has acknowledged. That is regret...

Ian Jenkins: LD Committee

25 Sep 2001

Parole Board (Scotland) Rules 2001 (SSI 2001/315)

A few other points have been drawn to our attention. We should write to the Executive to ask the questions that are raised in the legal advice that we have received. The instrument also contains a number of typographical errors that should be drawn to the Executive's attention.

Ian Jenkins: LD Committee

15 Jan 2002

Instruments Subject to Annulment

There is also an issue about the choice of panel members. One would expect some members of the panel to have legal qualifications, and although that might be what happens in common practice, it is not stipulated in the regulations. That matter ties in with representing childre...

Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD): LD Chamber

31 Jan 2002

Young Runaways

"Missing Out" is an important report and this is an important debate. The galleries are sometimes full of pressure groups in members' business debates, but there are no pressure groups here today. The children we are discussing will not have support unless we recognise their s...

Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD): LD Chamber

09 Jan 2003

Child Protection Review

I start by welcoming the various and wide-ranging announcements that the minister has made today. Child protection issues almost always come to public attention through press and media reports of high-profile cases, which all too commonly involve details of tragic events and e...

Ian Jenkins: LD Chamber

27 Mar 2003

Closing the Opportunity Gap for Older People

No, the member did not say that.The substantial policies that I described affect the fabric of the way in which many people live their lives.It is important to improve information for the elderly. One of the briefing documents says that, in implementing the heating policy, the...

Ian Jenkins: LD Committee

22 Jan 2002

Subordinate Legislation

I was going to say that when the Subordinate Legislation Committee has been faced with pieces of subordinate legislation that we think might be problematic, we have passed them to the lead committee with a note that draws its attention to the defective drafting—which has somet...

Ian Jenkins: LD Committee

12 Mar 2002

Subordinate Legislation

The Subordinate Legislation Committee regularly comes across minor defects in drafting. The issues that are involved are sometimes complex, and it is a fairly regular procedure for the Subordinate Legislation Committee to point out minor defects to the Executive. The Executive...

Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD): LD Committee

14 Sep 1999

Food (Animals and Animal Products from Belgium) (Emergency Control)<br />(No 2) (Scotland) Order 1999<br />(SSI 1999/32)<br />Animal Feedingstuffs from Belgium (Control) (No 2) (Scotland) Regulations 1999 (SSI 1999/33)

I suggest that we bring the instruments to the attention of the Parliament and of the lead committee. We should say that we are not happy with the situation and that they should look at it.

Ian Jenkins: LD Committee

05 Sep 2000

Animals and Animal Products (Import and Export) (Scotland) Regulations 2000 (SSI 2000/216)

Perhaps we should also draw the matter to the attention of the lead committee.

The Deputy Convener: LD Committee

20 Mar 2001

National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2001<br />(SSI 2001/62)

We received a helpful response on the regulations. We drew the Executive's attention to the need for consolidation. We will inform the lead committee and the Parliament of the Executive's explanation, provided in response to the committee's request for information about progre...

The Deputy Convener: LD Committee

20 Mar 2001

Adults with Incapacity (Evidence in Relation to Dispensing with Intimation or Notification) (Scotland) Regulations 2001 (SSI 2001/79)

We received a helpful response from the Executive accepting that there are inadequacies in the drafting of the explanatory notes. I suggest that we draw the attention of the lead committee and the Parliament to the regulations.Members indicated agreement.

The Deputy Convener: LD Committee

20 Mar 2001

Foot-and-Mouth Disease (Amendment) (No 2) (Scotland) Order 2001 <br />(SSI 2001/55)

The Executive has acknowledged our comments on the order and has made a good move by putting its hands up, acknowledging that it made a mistake, and correcting it quickly. I suggest that we draw the attention of the lead committee and the Parliament to the instrument on the gr...

The Deputy Convener: LD Committee

20 Mar 2001

Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2001 (SSI 2001/84)

Perhaps we should point out the underlying debate in our report to the lead committee. The question of vires should be drawn to its attention.

The Deputy Convener: LD Committee

20 Mar 2001

Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2001 (SSI 2001/84)

It is up to the lead committee once we have drawn that point to its attention.

Ian Jenkins: LD Committee

27 Mar 2001

National Health Service (Personal Medical Services) (Scotland) Regulations 2001 (SSI 2001/72)

Although the Executive's response is helpful, it might not have been required if a particular footnote had not been omitted in the first place. That said, we should draw the instrument to the attention of the lead committee.

The Deputy Convener: LD Committee

03 Apr 2001

National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2001<br />(SSI 2001/67)

Our first item of business is the consideration of Executive responses. The committee raised many points on the regulations, particularly on the issue of consolidation. The Executive has said that it regrets that it has not yet been able to consolidate the principal regulation...

The Deputy Convener: LD Committee

03 Apr 2001

Feeding Stuffs (Sampling and Analysis) Amendment (Scotland) Regulations 2001 (SSI 2001/104)

We asked the Executive about the late implementation of European Community obligations in relation to the instrument. The committee is particularly concerned about how the Scotland Act 1998 interacts with European Community law. We should draw the attention of the lead committ...

Ian Jenkins: LD Committee

11 Sep 2001

Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No 3) Regulations 2001 (Draft)

We can draw the attention of the lead committee to those matters.

Ian Jenkins: LD Committee

11 Sep 2001

Fishing Vessels (Decommissioning) (Scotland) Scheme 2001

We asked the Executive five questions about this instrument and it has acknowledged the accuracy of some of our points. We need further clarification on our fifth question, which was about the method of choosing applications for approval. The formula that is used if the number...

Ian Jenkins: LD Committee

25 Sep 2001

Rural Stewardship Scheme (Scotland) Regulations 2001 (SSI 2001/300)

We should draw the matter to the attention of the lead committee and the Parliament in terms of the legal advice that we have received.

Ian Jenkins: LD Committee

25 Sep 2001

Health Boards (Membership and Procedure) (Scotland) Regulations 2001 (SSI 2001/302)

We should draw those points to the attention of the lead committee.

Ian Jenkins: LD Committee

25 Sep 2001

Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001<br />(SSI 2001/303)

We could draw the matter to the attention of the lead committee and the Parliament. The Executive has accepted that there is defective drafting and we are pointing out that the preamble does not refer to the statutory requirement to consult prior to making the regulations. Tha...

Ian Jenkins: LD Committee

25 Sep 2001

Scottish Social Services Council (Appointments, Procedure and Access to the Register) Regulations 2001<br />(SSI 2001/303)

We should draw the response to the attention of the lead committee and the Parliament.

Ian Jenkins: LD Committee

02 Oct 2001

Executive Responses

We also questioned whether rule 22(3) is an unduly limited use of the power. The Executive has failed to include an obligation to give reasons to the party concerned for a decision to refuse representation. We should draw that point to the attention of the lead committee and o...

Ian Jenkins: LD Committee

23 Oct 2001

Executive Responses

We got an explanation from the Executive. I think that we should just draw to the attention of the lead committee that we needed that explanation.

Ian Jenkins: LD Committee

30 Oct 2001

Executive Responses

The response is helpful and we should draw it to the lead committee's attention.

The Deputy Convener: LD Committee

12 Mar 2002

Executive Responses

We asked the Executive for clarification of one provision in the order. We asked why article 15(2)(d) defined a crofter in terms of the Crofters (Scotland) Act 1955 and the Crofters (Scotland) Act 1961. Both of those acts have been repealed and consolidated in sections 3 and 4...

The Deputy Convener: LD Committee

12 Mar 2002

Executive Responses

We raised one point with the Executive. We asked why the exclusion of criminals from standing for election applies only to those convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic. The Executive indicates that the provision follows esta...

The Deputy Convener: LD Committee

14 May 2002

Executive Responses

We had many questions on the draft regulations for the Executive and it has given us a full response. Without going into detail, we can say that the Executive has supplied the further explanation that we asked for on points 1, 5, 7 and 10 from last week's legal briefing on the...

The Deputy Convener: LD Committee

14 May 2002

Executive Responses

That is correct. The enabling act talks about place. We will draw to the attention of the lead committee and the Parliament our doubts about the vires and leave it to them to deal with. That is the procedure that we should follow.

The Deputy Convener: LD Committee

14 May 2002

Executive Responses

In legal terms, we may feel that paragraph 6 of the schedule is an unexpected or unusual use of the enabling power as applied to a place in the open air. The Executive's intention is clearly to try to maintain some sort of solemnity and dignity, but perhaps it is a triumph of ...

The Deputy Convener: LD Committee

27 May 2002

Executive Responses

Yes. We were concerned about subordinate legislation being used to reflect back, if not amend, the parent act to which it is supposed to be subordinate. The concern is that, if regulations are made in a particular way, ideas and principles in the parent act could be amended. T...

The Deputy Convener: LD Committee

27 May 2002

Instruments Subject to Annulment

There do not seem to be any points on which we need to draw the attention of the Parliament and the lead committee.

Ian Jenkins: LD Committee

10 Sep 2002

Executive Responses

This order needed to be cleared up a little, and much of the Executive's explanation does that. We should draw to the lead committee's attention the fact that the Executive has helpfully provided a full response.

Ian Jenkins: LD Committee

24 Sep 2002

Executive Responses

The Executive accepted that it did not need to define the terms, but felt that it might be helpful to do so. We can draw the regulations to the lead committee's attention without making a meal of it.

The Deputy Convener: LD Committee

10 Dec 2002

Executive Responses

We need to draw the regulations to the attention of the lead committee on the ground of defective drafting, but state that the Executive acknowledges the errors and will bring forward an amending instrument.

The Deputy Convener: LD Committee

10 Dec 2002

Executive Responses

We will also draw that to the attention of the lead committee.

The Deputy Convener: LD Committee

10 Dec 2002

Executive Responses

Again, we may draw the attention of the lead committee and the Parliament to the regulations on the ground of defective drafting, which was acknowledged by the Executive in response to our first point. Our second and third points raised the issue that Gordon Jackson was partic...

The Deputy Convener: LD Committee

17 Dec 2002

Executive Response

We asked the Executive a question about the reference to a tribunal that appeared to have been split into three separate tribunals. The references in the legislation therefore seemed imperfect to the committee. The Executive has acknowledged that the entry could have been word...

The Deputy Convener: LD Committee

11 Mar 2003

Executive Response

The next item is on the Executive's response to our queries on the Sheriff Court Fees Amendment Order 2003. There is a suggestion that we might wish to draw the order to the attention of the lead committee on the ground that its meaning required clarification, which the Execut...

Ian Jenkins: LD Committee

18 Mar 2003

Instruments Subject <br />to Annulment

There are questions about convention rights and defective drafting. We should draw the matter to the attention of the lead committee.

Ian Jenkins: LD Committee

21 Jan 2003

Petitions

I agree that we need to revisit the subject, although I am not sure about the timing of any review and how it would be triggered. However, we must examine different issues, such as the increase in traffic, the greater mobility of people who wish to take advantage of youngsters...

Ian Jenkins: LD Committee

15 Jan 2002

Delegated Powers Scrutiny

We must be careful that we do not deal with policy, but we can point out to the lead committee, of which I am a member, that the bill is not clear about the principle of charging. We are entitled to say that the bill is not clear and that the lead committee should consider tha...

Ian Jenkins (Tweeddale, Ettrick and Lauderdale) (LD): LD Chamber

14 Jun 2001

Adult Learners Week

I, too, congratulate Cathy Jamieson and endorse her remarks about the co-operative movement and the trade unions.The Liberal Democrats are committed to the principle of lifelong learning, which is increasingly recognised and an expanding area. I think Cathy Jamieson mentioned ...

Ian Jenkins: LD Committee

04 Jul 2000

Special Educational Needs

It is a well-known school that has been visited by many ministers. There are photographs of them all over the walls. The day that we went was perhaps not the best day to see the school in action, because the staff were tidying up before the end of term and going to the primary...