Hansard

The Deputy Convener: LD Committee

27 May 2002

Executive Responses

We asked the Executive four questions on the regulations. The first question was about the fact that the title does not show that the regulations are transitional. The Executive accepts that it might have been helpful for the title to show that. The second question raised the ...

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

03 Apr 2001

Valuation for Rating (Plant and Machinery) (Scotland) Amendment Regulations 2001 (SSI 2001/115)

The Executive's response was full and helpful. I do not know whether anyone wants to comment. We asked for an explanation of the Executive's breach of the 21-day rule and for clarification of whether the exemption from rating of an additional class of plant and machinery that ...

The Deputy Convener: LD Committee

10 Dec 2002

Executive Responses

The first item is executive responses to points that we made last week. We asked the Executive three questions on the regulations, to which it has given us good answers. On our first point, the Executive has acknowledged the drafting errors and expresses gratitude to the commi...

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...

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

27 May 2002

Executive Responses

We made a substantial number of points on the order. I do not think that we need to go through the Executive's responses in detail because the Executive has laid an instrument that overtakes the original order. We will deal with that instrument later in the meeting. The Execut...

Ian Jenkins: LD Committee

26 Nov 2002

Delegated Powers Scrutiny

The Executive should reconsider the drafting to make the position clear, as the meaning is slightly hazy at the moment. Although the Executive has given us an explanation, section 31(5) may not be clear to people who read the bill without having heard our deliberations or seen...

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

Delegated Powers Scrutiny

Thanks, Margo.Section 25H relates to the imposition of capital expenditure limits. The provision allows the Scottish ministers to set by order the maximum amounts that local authorities in general may allocate to capital expenditure. Section 25H also allows ministers to set by...

Ian Jenkins: LD Committee

21 Jan 2003

Delegated Powers Scrutiny

We were worried about its accuracy. The Executive has now supplied the missing information and we accept that the matters concerned are appropriate for delegated legislation. The Executive has moved forward on the matter. We welcome the Executive's positive response: it agrees...

Ian Jenkins: LD Chamber

10 Jan 2001

Teachers' Pay and Conditions

No, as I am not in the Executive, although I am a member of an Executive party. Mr McConnell was right when he said that this is not a straightforward pay deal—it is the start of a modernisation process that will not be delivered overnight. The process is more long term than t...

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 Committee

08 Jan 2002

Scottish Borders Inquiry

Does the Executive recognise that there are budgetary problems in special educational needs? Most of what we are dealing with today has arisen from a lack of good financial monitoring and so on. However, in special educational needs—for reasons that we need not go into—there i...

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: LD Committee

06 Jun 2002

School Meals (Scotland) Bill: Stage 1

I endorse what Karen Whitefield said about one or two recommendations that we might make. In the expectation that the expert panel will come to the conclusions that were hinted at in the evidence that we heard, we ought to say to the Executive that, whatever happens to the bil...

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

25 Feb 2003

Subordinate Legislation

The Subordinate Legislation Committee asked the Executive two questions on the regulations. The first was whether the best possible wording was used at the beginning of regulation 4(4). That was a minor point. The Executive accepted that the phraseology was not as elegant as i...

Ian Jenkins: LD Committee

30 May 2000

Borders Rail

I want two things out of the debate. First, I would like the Parliament to say that the link is a good idea; secondly, I would like the Scottish Executive to have a duty to make progress on the matter. I would love the Executive to say that it will pay for it tomorrow, but tha...

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 ...

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

National Health Service (Choice of Medical Practitioner) (Scotland) Amendment Regulations 2001<br />(SSI 2001/85)

Yes, we can ask about consolidation. Executive officials were previously kind enough to say that they understand the drive towards consolidation, so we can ask about it again.There is a technical question of whether we are dealing with an order or a regulation. We assume that ...

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)

The instrument also breaches the 21-day rule. As members of the public who are affected should have some forewarning of such regulations, breaching that rule is not a good idea. I am sure that the Executive does not do that lightly. The committee has already stressed the need ...

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...

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...

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

26 Jun 2001

Scottish Parliament<br />Subordinate Legislation Committee<br />Tuesday 26 June 2001<br />(Morning)

Perhaps, in the sort of meeting with the Executive that we had before, we could ask Executive staff to talk to us about the procedures that are involved. On the other hand, we could write to the Executive asking what its scrutiny procedures are when drafting legislation and be...

The Deputy Convener: LD Committee

12 Mar 2002

Executive Responses

We asked the Executive nine questions and we have had responses. Members will remember that we were worried about regulation 9 and the appeals procedure whereby the convener, who might have been part of the initial tribunal, would be the ultimate referee. We felt that that was...

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

30 Apr 2002

Executive Responses

I wondered what would happen to an order that named an individual if that individual then died. The Executive has explained that the order would fall and would have to be renewed with a new, named individual. I still wonder what would happen in the interim if fish were being g...

The Deputy Convener: LD Committee

14 May 2002

Instruments Subject <br />to Annulment

The enabling power for the regulations does not specify who is to make the regulations to which that power refers. We may want to consider asking the Executive whether it has anything to add to its previous observations on that point, as such issues have already arisen on othe...

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

10 Sep 2002

Executive Responses

The Executive is trying not to be dogmatic about a specific moment in time, but that is what the act appears to ask for. Personally, I would not get uptight about this point, but, in strict drafting terms, there is a complication and I do not think that the Executive's note ge...

The Deputy Convener: LD Committee

08 Oct 2002

Delegated Powers Scrutiny

The first item is the scrutiny of delegated powers. The two points that we raised with the Executive on the Title Conditions (Scotland) Bill at stage 1 were of a minor technical nature, and concerned sections 37(3) and 37(6), which deal with conservation burdens. The Executive...

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...

Ian Jenkins: LD Committee

07 Jan 2003

Delegated Powers Scrutiny

Presumably, if there was a big fuss the Executive could withdraw its imposition of the limit. However, the Executive may be in a hurry to get the thing done. If it cannot impose the limit until it has gone through a whole lot of scrutiny and big debates, it would take longer f...

Ian Jenkins: LD Committee

28 Jan 2003

Executive Responses

That is what the Executive officials who appeared as witnesses at last week's Education, Culture and Sport Committee meeting said. At first, I thought that that position was odd. We have discussed this before, in relation to agricultural regulations, for example. We have insis...

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

18 Feb 2003

Delegated Powers Scrutiny

As things stand, the orders will be subject to the affirmative procedure. However, the Executive has suggested that it might lodge further amendments at stage 3 and we might wonder whether it is intending to use the negative procedure. The Executive has done well to respond po...

Ian Jenkins: LD Committee

18 Feb 2003

Executive Responses

We put 13 points to the Executive last week. The Executive has acknowledged defective drafting on a substantial number of points.

Ian Jenkins: LD Committee

18 Feb 2003

Executive Responses

We asked the Executive about the requirement for a logbook to be submitted, which appeared to be a wee bit unfair. However, that measure is to ensure compliance with the regulations. The Executive's explanation justifies the measure because what appeared to be an illogical req...

Ian Jenkins: LD Committee

25 Feb 2003

Executive Responses

We recognise that the Executive has produced broadly satisfactory explanations on points 1, 2 and 3, but the response to point 4, on defective drafting, still raises some issues. The Executive says that it has drafted in a particular drafting style, but our legal advisers feel...

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

Legacy Paper

Having dealt with such a long agenda, I want to say that it is not fair on our legal advisers that there should be such a traffic jam at the end of the session. The processing of a large number of instruments that have been brought forward at the last minute has greatly added ...

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

01 Jun 2000

Borders Rail Link

I am grateful to Alex Johnstone and his committee for allocating all of their parliamentary day to a debate that may, on the surface, appear to be just a local issue, but that, in truth, will resonate far beyond the Borders. I hope that today's debate will prove to be a defini...

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

31 Jan 2001

Borders Textiles Industry

I am pleased to have secured this debate this evening, although I am sad that it has been occasioned by bad news in my constituency. I am grateful to members who have stayed for the debate. I know that members from all parties will recognise and understand the resentment and d...

Ian Jenkins: LD Chamber

05 Apr 2001

Structural Funds

No.Members are well aware of the problems that the Borders faces. There is no doubt that all our major economic sectors are facing difficulties. The textile industry is restructuring and faces difficulties in relation to the cashmere export trade. As has been said, the electro...

Ian Jenkins: LD Chamber

14 Mar 2002

Scottish Qualifications Authority Bill: Stage 1

In future, I will let other people put my lectern in position for me.My colleagues are sympathetic people and I know that they will be saddened to learn that on Saturday night I broke a tooth while eating a curry. I do not know how I did it, but I suffered hugely for about two...

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

25 Sep 2002

Proposed Commissioner for Children and Young People Bill

Speaking both as a member of the Education, Culture and Sport Committee and on behalf of the Liberal Democrats, I welcome the proposal for a bill to establish the post of a commissioner for children and young people.I am happy to endorse previous comments about the committee's...

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

15 Jan 2003

Commissioner for Children and Young People (Scotland) Bill: Stage 1

There is a sense of déjà vu about this debate, because it is not long since committee members talked about the report that established the case for the appointment of a commissioner for young people in Scotland. I welcome this short debate as the next procedural step on the wa...

Ian Jenkins: LD Committee

09 May 2000

Standards in Scotland's Schools etc Bill: Stage 2

Amendment 67 tackles a problem that affects many people. A child who is born in February will become eligible for educational support when he or she reaches the age of three. After Easter in the year in which they reach that age, such children are eligible to enter what I shal...

Ian Jenkins: LD Committee

18 Sep 2001

Work Programme

I do not want to take up too much time. I agree with everything that has been said. I have learned not to believe everything that I read in the papers and I hope that the report was mistaken. The report indicates that a children's commissioner is a good idea, so the Executive ...

Ian Jenkins: LD Committee

04 Dec 2001

Children's Commissioner Inquiry

Ian Smith spoke about not wanting the powers to enforce decisions. Do you accept that the children's commissioner, if properly constituted, might have a moral authority that stood above the Executive in stature, rather than the power to make judgments that were enforceable in ...

Ian Jenkins: LD Committee

15 Jan 2002

Purposes of Education Inquiry

One of the possible outcomes of consultation with the Minister for Education and Young People is the opportunity to piggy-back on the Executive's funding. If we make strategic decisions in the light of the Executive's proposals, we might be able to get some things funded that ...

Ian Jenkins: LD Committee

06 Jun 2002

School Meals (Scotland) Bill: Stage 1

We say that it is "incumbent upon the Executive" to eradicate such practises, but we should include local authorities in that. I do not see why that line should refer just to the Executive.

Ian Jenkins: LD Committee

29 Oct 2002

Budget Process 2003-04

I want to return to an issue that Brian Monteith touched on regarding the McCrone settlement. In discussions, a problem with formulae that are used for certain aspects of education provision sometimes emerges. I do not necessarily mean the formulae that the Executive uses; how...

Ian Jenkins: LD Committee

22 Mar 2000

Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (Scotland) Regulations 2000 (SSI 2000/62)

The list is so long that we should just refer the Executive to the comments that were made in the legal briefing, and to the defects in the drafting, some of which lie in the choice of words, in the use of capital letters and in typographical errors. Some of the defects are bi...

Ian Jenkins: LD Committee

25 Apr 2000

Radioactive Substances (Basic Safety Standards) (Scotland) Regulations 2000 (SSI 2000/100)

It seems to be open to the Executive to adopt different procedures. Perhaps we should ask the Executive why it has chosen to follow this particular procedure.

Ian Jenkins: LD Committee

05 Sep 2000

Regulation of Investigatory Powers (Scotland) Bill

We could tell the Executive today that the committee believes that a serious question has to be considered, so that ministers can make their position clear by Thursday. We would have liked longer to discuss the issue, so that the Executive could have had longer to consider it.

Ian Jenkins: LD Committee

21 Nov 2000

Abolition of Poindings <br />and Warrant Sales Bill

I do not disagree with the principle of what Tommy Sheridan is saying, but I am reluctant to accept that the passage of the bill is a tug of war. I do not think that the Executive is against the principles of the bill; it sees practical problems and does not want to tie itself...

Ian Jenkins: LD Committee

09 Jan 2001

Education (Graduate Endowment and Student Support) (Scotland) (No 2) Bill

I support that view. We are dealing with shifting sands and we cannot fix these provisions. As MSPs, we will receive various representations from people on the regulations. It would be silly if that advocacy could not lead to a change in the regulations or if making that chang...

Ian Jenkins: LD Committee

13 Mar 2001

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

The Executive has made the amendments, but one of them is incomplete. We should draw that to the Executive's attention.

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...