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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.
The Convener: LD Committee
05 May 2009
Flood Risk Management (Scotland) Bill: After Stage 2
Next we consider powers to which the negative procedure will apply. Of course, I should have said at the beginning that, as we did last week, we are clumping together the different types of procedure. The provisions to which negative procedure will apply are:"Section 5 – Power...
The Convener: LD Committee
17 Jun 2008
Scottish Government Responses
Are we satisfied with the Government's explanation in relation to our question (c) and, if so, are we content to draw the regulations to the attention of the lead committee and Parliament on that basis? Are we also content to draw the effect of regulation 15(3) to the attentio...
The Convener: LD Committee
23 Sep 2008
Scottish Government Responses
Are we content to draw the order to the attention of the lead committee and Parliament on the ground that there has been a drafting error in relation to the citation of the enabling powers? A number of issues arise in relation to this delegated power. They include—Interruption...
The Convener: LD Committee
01 Sep 2009
Marine (Scotland) Bill: Stage 1
Section 54(3) contains a power to provide that marine fish farming is not to constitute "development". I am sure that we have all read the provisions a few times—I certainly have.Are we content to draw it to the attention of the lead committee that the effect of the power will...
The Convener (Jamie Stone): LD Committee
08 Sep 2009
Public Services Reform (Scotland) Bill: Stage 1
I welcome everyone to the 23rd meeting in 2009 of the Subordinate Legislation Committee. We have apologies from Bob Doris and I welcome Christopher Harvie, who is substituting for him. Can we turn off our mobiles, please?First on the agenda is the Public Services Reform (Scotl...
The Convener: LD Committee
09 Sep 2008
Scottish Government Responses
Yes. That could have been done.For the sake of formality, we will go through the decisions that we must make one by one. Are we content to draw the regulations to the attention of the lead committee and Parliament on the grounds that the absence of any explanation as to why it...
The Convener: LD Committee
26 May 2009
Criminal Justice and Licensing (Scotland) Bill: Stage 1
We have achieved something again.Section 18(2)(a)(iii) provides for the power to prescribe by order the "prescribed period" for the purposes of certain sentences under part 2 of the Custodial Sentences and Weapons (Scotland) Act 2007. First, are we content to report that the G...
The Convener: LD Committee
26 May 2009
Criminal Justice and Licensing (Scotland) Bill: Stage 1
Paragraphs 10(3) and (4) of schedule 2 provide for the power to prescribe the length of periods of detention for those under 21 years of age, for the purpose of determining whether they are serving "short-term custody and community sentences" or "custody and community sentence...
The Convener: LD Committee
20 Jan 2009
Instruments Subject <br />to Annulment
I expect that you have read what it says in the legal brief about the 12 nautical mile limit. First, are members content to report the regulations to the lead committee on the ground that in regulation 2 the meaning could have been clearer?Secondly, on the Scottish Government'...
Mr Jamie Stone (Caithness, Sutherland and Easter Ross) (LD): LD Chamber
19 Jan 2005
Closing the Opportunity Gap
It will come as no surprise to members if I draw the chamber's attention to closing the opportunity gap in the most rural parts of Scotland and to the problems that those areas face. I acknowledge what has been said already. We have heard reference to some of the most disadvan...
The Convener: LD Committee
11 Dec 2007
Delegated Powers Scrutiny
On section 89, "International Health Regulations", are members content to draw the lead committee's attention to the broadly framed power, which is subject to the affirmative procedure? The committee might also want to draw the committee's attention to the Scottish Government'...
The Convener: LD Committee
11 Mar 2008
Scottish Government Responses
We had two questions about the scheme. First, are we content to draw the scheme to the attention of the lead committee and Parliament on the grounds relating to question (a)? There appears to be a doubt as to whether the instrument is intra vires. Secondly, are we satisfied wi...
The Convener: LD Committee
02 Sep 2008
Scottish Government Response
After our meeting on 24 June, the committee wrote to the Scottish Government about one instrument. Members have seen the response and will note that the order has been withdrawn and replaced by one that we will consider later in today's meeting. As we raised questions on the d...
The Convener: LD Committee
03 Mar 2009
Health Boards (Membership and Elections) (Scotland) Bill: After Stage 2
We have achieved a bit of a result there, and I think that we can pat ourselves gently on the back, if MSPs are allowed to do that.Section 6, "Termination of pilot scheme", is where things get a bit more complicated. We discussed the issue at quite some length at stage 1. I wi...
The Convener: LD Committee
13 Nov 2007
Scottish Government Responses
Before I ask members whether they are content with the regulations, I point out that full explanations and discussions from Scottish Government officials have reassured us. Are members content with the Government's response and to draw the regulations to the attention of the l...
The Convener: LD Committee
20 Nov 2007
Scottish Government Responses
In asking members whether they are content to draw the regulations to the attention of the Parliament and the lead committee on the grounds outlined in the summary of recommendations, I should point out that there are devolution issues involved. The committee's role in pointin...
The Convener: LD Committee
18 Dec 2007
Delegated Powers Scrutiny
Again, I believe that we have had a constructive dialogue on the bill. Let us go through it bit by bit.Section 1(2), which defines a "Games event", contains a broadly framed power. Are we content to draw the attention of the lead committee to our dissatisfaction with that, and...
The Convener: LD Committee
04 Mar 2008
Scottish Government Responses
Are we content with the Scottish Government's responses and, if so, are we content to draw the instruments to the attention of the lead committee and Parliament?Members indicated agreement.
The Convener: LD Committee
13 May 2008
Scottish Government Responses
Are we satisfied with the Scottish Government's response on the three bullet points set out in the summary of recommendations and, if so, are we content to report to the lead committee and the Parliament accordingly? Further, the summary of recommendations highlights that para...
The Convener: LD Committee
19 May 2008
Legislative Consent Memorandum
Clause 34 confers a power on the Scottish ministers to transfer functions and modify the application of section 188 of the Energy Act 2004, referring to the application of that section to carbon storage and the"power to impose charges to fund energy functions".Are we content w...
The Convener: LD Committee
10 Jun 2008
Scottish Government Response
Are members content with the Food Standards Agency's explanation of how the requirements of section 84(1) of the Agriculture Act 1970 were fulfilled? Are we also content to note that the Scottish Government has failed to follow the normal drafting practice of narrating the sat...
The Convener: LD Committee
02 Sep 2008
Instruments Subject <br />to Annulment
Are members content to ask the Scottish Government questions (a) and (b) as set out in the summary of recommendations? Are we also content to draw to the attention of the lead committee the lack of clarity around how the Government will ensure compliance with article 1.1 of Eu...
The Convener: LD Committee
17 Mar 2009
Instruments subject to Annulment
Are members content to report that they are satisfied with the orders as far as this committee's interests are concerned? In doing so, are we also content to draw the lead committee's attention to the statement, made in the Executive notes to the orders, that steps have been t...
The Convener: LD Committee
31 Mar 2009
Instruments subject <br />to Annulment
Are members content to draw the regulations to the attention of the lead committee and the Parliament in relation to the form and content of the preamble, in so far as there is set out there the purpose of the regulations without there being any apparent basis or need to have ...
The Convener: LD Committee
23 Jun 2009
Climate Change (Scotland) Bill: after Stage 2
On section 51A, "Air source heat pumps and micro wind turbines in domestic properties: permitted development rights", are we content to draw the Parliament's attention to the duty placed on Scottish ministers to exercise their powers under section 30 of the Town and Country Pl...
The Convener: LD Committee
23 Jun 2009
Climate Change (Scotland) Bill: after Stage 2
I apologise for doing all the talking. If anyone feels like asking a question, please do so.On section 51B, "Microgeneration in non-domestic buildings: permitted development rights", are we content to draw the Parliament's attention to the duty placed on the Scottish ministers...
The Convener: LD Committee
08 Sep 2009
Public Services Reform (Scotland) Bill: Stage 1
There are two questions on section 30, which is on directions and guidance to creative Scotland. First, are we content to report that the powers in section 30 to issue directions and guidance are acceptable? Secondly, are we content to draw it to the attention of the lead comm...
The Convener: LD Committee
13 Nov 2007
Instruments Subject <br />to Annulment
The list of questions is in the summary of recommendations. It is worth saying that if I ask whether members are content with the Scottish Government's explanation for the breach of the 21-day rule, that implies that I am asking whether you are content with the Government's re...
The Convener: LD Committee
27 Nov 2007
Draft Guidance Subject <br />to Approval
Are members content to ask the Scottish Government to explain the delay between the coming into force of the Radioactive Contaminated Land (Scotland) Regulations 2007 (SSI 2007/179) on 30 October 2007 and the laying of the draft guidance on 16 November 2007, as the guidance ca...
The Convener: LD Committee
27 Jan 2009
Climate Change (Scotland) Bill: Stage 1
With that amendment, we will proceed. I see that the legal team is content with that.On section 37, "Guidance to relevant public bodies", are we content that the proposed delegated power is acceptable in the form of the issue of guidance and that it is not more appropriately e...
The Convener: LD Committee
27 Jan 2009
Climate Change (Scotland) Bill: Stage 1
Section 59 is "Charges for supply of carrier bags". Mike Pringle, where are you?Section 59(3) says that the enforcement authority must have regard to guidance issued by the Scottish ministers in relation to the functions conferred on it by the regulations. Are we content that ...
The Convener: LD Committee
21 Apr 2009
Instruments subject to Annulment
Are we content to report to the Parliament that we find satisfactory for our interests the explanation that the Scottish Government gave in its letter to the Presiding Officer of 27 March 2009 for the failure to comply with article 10(2) of the Scotland Act 1998 (Transitory an...
The Convener: LD Committee
08 Sep 2009
Public Services Reform (Scotland) Bill: Stage 1
New section 10Z1 contains a power to make regulations about registers and registration. Are we content to ask the Scottish Government to clarify what is intended by the reference in section 10Z1(1)(b)(iii) to"categories of applicant who cannot competently make … applications"a...
The Convener: LD Committee
06 Oct 2009
Control of Dogs (Scotland) Bill: Stage 1
Item 2 is our second consideration of the Control of Dogs (Scotland) Bill. We have received a response from the member in charge, Christine Grahame, to the two questions that we raised at our meeting of 15 September. Today we will conclude our consideration of the bill at stag...
The Convener: LD Committee
23 Jun 2009
Climate Change (Scotland) Bill: after Stage 2
On section 50, "Non-domestic buildings: assessment of energy performance and emissions", do we agree to draw it to the Parliament's attention that there is now a requirement to make regulations under subsection (1) rather than simply a power to do so? Secondly, do we agree to ...
Mr Stone: LD Chamber
27 Apr 2005
Financial Services Strategy
I would not swap. My knowledge of Ireland, which I suggest is fairly detailed, tells me that the growth of that economy involves inherent instabilities. We all wish the Irish well, but I suspect that problems may come around the corner for them sooner than we or anyone would l...
Mr Jamie Stone (Caithness, Sutherland and Easter Ross) (LD): LD Chamber
18 May 2005
Tourism Industry (Restructuring)
I used to be a member of the Enterprise and Culture Committee, and shall be again shortly, as I mentioned in an intervention. I was involved in the committee's discussion on tourism. I whole-heartedly endorse Mr Alex Neil's remarks. He said that the past is the past, and he is...
Mr Stone: LD Chamber
01 Nov 2006
Structural Funds Programmes 2007 to 2013
I do not see what that has to do with structural funds, to tell the honest truth. Being married to an Irish colleen, I am aware of the subtlety and wiles of the Irish; I detect an Irish input to that question and I know a trap when I see one.Donald Gorrie took a singular and i...
Jamie Stone: LD Chamber
24 Jan 2008
Health Improvement
I concur with what Elaine Smith says.I mentioned what Mr Finnie said earlier. He also mentioned the importance of the hungry for success programme. I have gone on record to say that it is hugely important to build on that in the future. There have been successes, particularly ...
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD): LD Chamber
18 Jun 2008
Creative Scotland Bill: Stage 1
I draw the chamber's attention to my entry in the register of members' interests: I, too, am on the board of a small theatre company.It is a great pleasure to take part in the debate, especially as some nine years ago the minister and I—as newly elected members to the first Sc...
The Convener: LD Committee
26 Jun 2007
Instruments Subject <br />to Annulment
This is one of the instruments to which I referred earlier. Given that the committee can consider the regulations only once, as I pointed out, the legal advisers have already raised issues with the Executive on the committee's behalf. They are to be praised for their foresight...
The Convener: LD Committee
11 Sep 2007
Government Responses
We asked several questions about the order. As no points arise on the Government's response that the order is intra vires—in other words, it is all right—are members content to draw the order to the attention of the lead committee and Parliament on the grounds that are outline...
The Convener: LD Committee
11 Sep 2007
Government Responses
I refer again to the Government's response and the summary of recommendations. The general thrust is that much of what we were concerned about is already covered by certain powers conferred by earlier legislation. As no further points arise, are members content to draw the reg...
The Convener: LD Committee
11 Sep 2007
Government Responses
Are members content to draw the attention of the lead committee and Parliament to the regulations on the grounds that an explanation was requested from and supplied by the Scottish Government about the delay in implementing directive 206/100/EC, and that a satisfactory explana...
The Convener: LD Committee
11 Sep 2007
Government Responses
The questions that we asked on the order were similar to those that we asked on SSI 2007/358, which we have just considered, and we have had a similar response. Are members content to draw the order to the attention of the lead committee and Parliament on the same basis as we ...
The Convener: LD Committee
11 Sep 2007
Government Responses
Are members content to draw the regulations to the attention of the lead committee and Parliament on the ground of defective drafting, as acknowledged by the Scottish Government in relation to the four points that we raised, none of which was of such seriousness as to affect t...
The Convener: LD Committee
11 Sep 2007
Government Responses
We will consider the two sets of regulations together. We asked the Scottish Government to explain a couple of drafting points. Members will have seen the response, which seems quite reasonable. Are members content to draw the regulations to the attention of the lead committee...
The Convener: LD Committee
11 Sep 2007
Government Responses
The committee raised three drafting points on the regulations. The Government has acknowledged the drafting errors and will rectify them in the near future. On that basis, are members content to draw the regulations to the attention of the lead committee and Parliament?Members...
The Convener: LD Committee
11 Sep 2007
Instruments Not Laid Before the Parliament
Are members content to draw the order to the attention of Parliament on the basis of a failure to follow proper drafting practice by reason of the citation of an unnecessary enabling power? We have talked about that already.Members indicated agreement.
The Convener: LD Committee
18 Sep 2007
Scottish Government Responses
Last week we wrote to the Government on several matters. Members will recall that we asked if there were any plans to consolidate the principal regulations and we have received a response. As there are no comments, are we content to draw the attention of the lead committee and...
The Convener: LD Committee
18 Sep 2007
Scottish Government Responses
The committee asked the Scottish Government whether it had any plans for consolidation given that this is the seventh amendment of the principal regulations. Members have seen the response. Are members content to draw the attention of the lead committee and Parliament to the r...
The Convener: LD Committee
18 Sep 2007
Scottish Government Responses
It is on the record now.We asked the Scottish Government whether it had any plans for consolidation, given that this is the 17th amendment of the Miscellaneous Food Additives Regulations 1995 (SI 1995/3187) and the 11th amendment of the Sweeteners in Food Regulations 1995 (SI ...
The Convener: LD Committee
18 Sep 2007
Scottish Government Responses
We asked the Scottish Government why there was a delay in implementing European Council directives as indicated in the summary of recommendations. Members have seen the response. I am sure that they will have noticed that the two organisms covered by the directives have not be...
The Convener: LD Committee
18 Sep 2007
Scottish Government Responses
The committee asked the Scottish Government why there had been a delay in implementing European Commission decision 2007/201/EC, and, given that the decision increases the number of annual inspections to be carried out in relation to certain species during the growing season, ...
The Convener: LD Committee
23 Oct 2007
Scottish Government Responses
Are members content to draw the attention of the lead committee and Parliament to the regulations on the ground that the committee sought and received information from the Food Standards Agency Scotland, with which it is satisfied?Members indicated agreement.
The Convener: LD Committee
06 Nov 2007
Instruments Subject <br />to Annulment
Instead of reading out points (a) to (f), I draw members' attention to the summary of recommendations. We seek clarification on all the issues raised, but the one in paragraph (d) sprang out at me. Are members content that we ask those six questions, and to raise minor points ...
The Convener: LD Committee
13 Nov 2007
Scottish Government Responses
Are members content to draw the order to the attention of Parliament on the basis that the Scottish Government has undertaken to lay an amending instrument to rectify the drafting points identified by the committee? Are we happy with that?Members indicated agreement.
The Convener: LD Committee
13 Nov 2007
Scottish Government Responses
Are members content with the Scottish Government's response, and to draw the order to the attention of the lead committee and Parliament on the ground that the committee is satisfied with the explanation sought from and provided by the Scottish Government?Members indicated agr...
The Convener: LD Committee
13 Nov 2007
Scottish Government Responses
Are members content to draw the regulations to the attention of the lead committee and Parliament on the grounds that there was a failure to follow normal drafting practice, although not such as to affect the operation of the instrument, and that an explanation was sought from...
The Convener: LD Committee
20 Nov 2007
Scottish Government Responses
I will read out the recommendation on the draft rules. Are members content to draw the rules to the attention of the lead committee and the Parliament on the grounds that, in relation to question (a), an explanation was sought from and provided by the Scottish Government, and ...
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Committee

Subordinate Legislation Committee, 05 May 2009

05 May 2009 · S3 · Subordinate Legislation Committee
Item of business
Flood Risk Management (Scotland) Bill: After Stage 2
Stone, Jamie LD Caithness, Sutherland and Easter Ross Watch on SPTV
Next we consider powers to which the negative procedure will apply. Of course, I should have said at the beginning that, as we did last week, we are clumping together the different types of procedure. The provisions to which negative procedure will apply are:"Section 5 – Power to designate ‘responsible authorities'Section 15A(1)(c) – Power to specify the content of Scottish Water assessments of flood risk from sewerage systemsSection 15B(2) – Powers to specify the content, form and date of preparation of local authority maps of bodies of water and ‘SUDS'Section 56(1B)(b) – Power to specify the content and the form of local authority schedules of clearance and repair worksSection 15C(1)(c) – Power to specify the content of SEPA maps of artificial structures and natural featuresSection 15C(2)(c) – Power to specify the form of SEPA maps of artificial structures and natural featuresSection 29(6) – Power to make further provision in relation to local authorities preparing local flood risk management plansSection 53C (1) – Power to make provision about the keeping of registers".Are we content to find those powers acceptable and that it is appropriate that they are subject to negative procedure?Members indicated agreement.

In the same item of business

The Convener: LD
Agenda item 2 is the Flood Risk Management (Scotland) Bill as amended at stage 2. As a general issue, we welcome the fact that the bill has been amended in r...
Helen Eadie (Dunfermline East) (Lab): Lab
We welcome that.
The Convener: LD
Yes, didn't we do well?Let us get some points down for the record. The first point in the legal brief is about the new powers to issue directions and guidanc...
The Convener: LD
Powers for which no procedure is provided are included in the following provision:"Section 15A(2) to (9) – Powers to direct on the date of preparation of ass...
The Convener: LD
Next we consider powers to which the negative procedure will apply. Of course, I should have said at the beginning that, as we did last week, we are clumping...
The Convener: LD
The next grouping is of powers to which the affirmative procedure will apply. They are as follows:"Section 44(1) – Power to give effect to Community obligati...
The Convener: LD
Our attention is also drawn to "Section 82(1) – Ancillary provision". Are we content to find that the ancillary provisions in section 82 are acceptable?Membe...
The Convener: LD
Are we content to report further that, in our view, the modification of enactments without textual amendment using such ancillary powers might be appropriate...