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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
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'...
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
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...
Mr Jamie Stone (Caithness, Sutherland and Easter Ross) (LD): LD Committee
31 Mar 2004
New Petitions
Yes. I would like to mention two fairly fundamental flaws, which should be of concern to the Public Petitions Committee and the Health Committee. Highland NHS Board asked Professor Andrew Calder to write a report on the future of maternity services in the area. Members will re...
Jamie Stone: LD Chamber
16 Sep 2009
Pathways into Sport and Physical Activity
I welcome that intervention.The report identifies several barriers to the success of the policy. In primary schools, a key area for concern is a lack of adequate facilities, such as playing fields and sports halls. The report also notes the lack of PE training for primary scho...
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
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
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
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...
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD): LD Chamber
15 May 2008
Crofting
In the short time since the Shucksmith report was published, it is clear that it has been positively received in the crofting counties. There is much to be greatly welcomed in it; it bears all the hallmarks of being a workmanlike attempt to understand the complexities of croft...
Mr Stone: LD Committee
15 May 2000
Committee Business
I wanted to talk about my report on rural schools. I was rather disconcerted to receive a telephone call from a journalist last week, saying that it is alleged in certain quarters that I am dragging my feet on the report in view of the so-called Argyll situation. I want to emp...
The Convener: LD Committee
29 Apr 2008
Scottish Government Responses
We asked two questions about the order. On question (a), are members content to report the order to the lead committee and the Parliament on the basis that the reference in article 2 to application rather than extension to Scotland is a failure to follow normal drafting practi...
The Convener: LD Committee
26 May 2009
Criminal Justice and Licensing (Scotland) Bill: Stage 1
Sections 146 and 147 deal with ancillary provision. First, are we content to report that we welcome the Government's undertaking to amend section 146 to provide that any modification of enactments is subject to affirmative procedure? Secondly, are we content to report that we ...
The Convener: LD Committee
23 Jun 2009
Instruments subject <br />to Annulment
Members will be glad that we have moved from primary legislation to instruments subject to annulment. Are we content to report to the lead committee and to the Parliament that an error has been made in regulation 21, on the replacement of regulation 2.C.3 of the National Healt...
The Convener: LD Committee
26 Jun 2007
Instruments Subject <br />to Annulment
We come to instruments on which minor points arise. We have an esoteric group, which I think that we can take together.The first is the vegetable seeds regulations. I want to talk about vegetables, because I was very interested to see the Latin names for Brussels sprouts and b...
The Convener: LD Committee
26 Jun 2007
Instruments Not Laid Before <br />the Parliament
Do members have any comments on the order? Are they content that we report to the lead committee and Parliament that the committee is content with the order? Do we have any crofting experts among us? Do not point the finger at me.
The Convener: LD Committee
18 Dec 2007
Scottish Government Responses
Are we content with the Government's response on the order, and, if so, are we content to report the instrument to the lead committee and Parliament on the ground that an explanation was sought from and provided by the Scottish Government and that we are satisfied with it?Memb...
The Convener: LD Committee
05 Feb 2008
Instruments Not Laid Before <br />the Parliament
We know the will of the Parliament and what the minister said. For those reasons, are members content to go for the second option, which is to agree that we are content with the Government's reasons for the earlier commencement of the act and to note that in our report to the ...
The Convener: LD Committee
29 Apr 2008
Scottish Government Responses
On regulation 4(1), are members content with the explanation provided by the Food Standards Agency Scotland? If so, are members content to report to the lead committee and the Parliament on that basis?Members indicated agreement.
The Convener: LD Committee
06 May 2008
Legislative Consent Memorandum
We come to item 3. Under rule 9B.3.6 of the standing orders, where the subject of a legislative consent memorandum contains provisions conferring on the Scottish ministers powers to make subordinate legislation, the Subordinate Legislation Committee will consider and may repor...
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
28 Oct 2008
Scottish Parliamentary Pensions Bill: Stage 1
This is the second time that we have considered the bill at stage 1. Following our meeting on 7 October, we agreed to write to the member in charge of the bill to explore issues around the scrutiny of and accountability for the terms of resolutions that amend the pension schem...
The Convener: LD Committee
04 Nov 2008
Sexual Offences (Scotland) Bill: Stage 1
On section 45, "Ancillary provision", at the committee's meeting on Tuesday 7 October, we confirmed that we are content to welcome the Government's response, and to consider the proposed amendments at stage 2. Are we content to report that?Members indicated agreement.
The Convener: LD Committee
04 Nov 2008
Energy Bill
That moves us on neatly to agenda item 5: consideration of the Energy Bill, which is United Kingdom Parliament legislation. Members will recall that the bill has already been the subject of a legislative consent memorandum in the Scottish Parliament, which agreed that the carb...
The Convener: LD Committee
20 Jan 2009
Instruments Subject <br />to Annulment
Are members content with the Government's explanation for its non-compliance with article 10(2) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SI 1999/1096)—the dreaded 21-day rule? If so, are you content that we report to...
The Convener: LD Committee
24 Feb 2009
Welfare Reform Bill
The bill is United Kingdom Parliament legislation and we will consider the powers to make subordinate legislation that it proposes to confer on the Scottish ministers, the first of which is under clause 31, "Power to make provision enabling exercise of greater choice and contr...
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
19 May 2009
Instruments subject to Annulment
Are we content to note and welcome the Government's undertaking to review the provisions the first time that the order is amended for other reasons, and to give careful consideration to providing for a judicial warrant procedure along the lines that are set out in the question...
The Convener: LD Committee
19 May 2009
Instruments subject to Annulment
Are we content with the Scottish Government's explanation for its failure to comply with the dreaded 21-day rule and, if so, are we content to report accordingly?
The Convener: LD Committee
26 May 2009
Criminal Justice and Licensing (Scotland) Bill: Stage 1
Item 2 is consideration of the delegated powers memorandum to the Criminal Justice and Licensing (Scotland) Bill. We considered the delegated powers in the bill at our meeting of 28 April and disposed of a number of powers with which we were content. However, we had a number o...
The Convener: LD Committee
23 Jun 2009
Climate Change (Scotland) Bill: after Stage 2
Item 2 is a big one: the Climate Change (Scotland) Bill. We are considering the bill as amended at stage 2. The time between stage 2 and stage 3 of the bill is very short—the barest minimum under standing orders—which is why we are considering the delegated powers in the amend...
The Convener: LD Committee
23 Jun 2009
Instruments subject <br />to Annulment
Are we content to report the regulations to the lead committee and to the Parliament on the basis that they contain a drafting error in that they fail to identify correctly transitional provisions for the purpose of excluding them from the scope of the offence provision in reg...
The Convener: LD Committee
01 Sep 2009
Instruments Subject <br />to Annulment
They have done us proud.Secondly, are we content to report that we are content with the explanation that has been provided for the failure to comply with article 10(2) of the Scotland Act 1998 (Transitory and Transitional Provisions) (Statutory Instruments) Order 1999 (SI 1999...
The Convener: LD Committee
01 Sep 2009
Instruments Subject <br />to Annulment
A bit of backdating is going on here—I suspect that there is not a lot that we can do about it. First, are we content to bring to the attention of the lead committee and the Parliament inserted regulation 8(2A), in so far as the provision might be seen to purport to have retro...
The Convener: LD Committee
01 Sep 2009
Instruments Subject <br />to Annulment
Are we content to report that we are satisfied with the explanation provided for the failure to comply with the 21-day rule, and that we are content with the instruments?
The Convener: LD Committee
01 Sep 2009
Instruments not laid before <br />the Parliament
The first question that we asked concerned the vires for rules 12(3)(a) and 44(3)(a). Are we content to report that we find the response from the Lord President's private office satisfactory, in so far as reliance is placed on section 108(1) of the Adoption and Children (Scotl...
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
08 Sep 2009
Instruments not laid before <br />the Parliament
Are we content to report that the committee is satisfied with the explanation that it sought and received from the Scottish Government regarding the timing of the amendment order, which was made and came into force during the Parliament's summer recess? Secondly, are we conten...
The Convener: LD Committee
06 Oct 2009
Public Services Reform (Scotland) Bill: Stage 1
Item 3 is on the Public Services Reform (Scotland) Bill. Members may have more to say about the bill than I have, given my recent absence from the committee.As members know, we have received written responses to questions raised at our first consideration of the bill on 8 Sept...
The Convener LD Committee
15 Mar 2011
Instruments subject to Annulment
Do we agree to report that we are content with the reasons provided by the Scottish Government for the breach of the 21-day rule between the date of laying the regulations and the coming into force date, and are we otherwise content with the regulations?Members indicated agree...
Mr Jamie Stone (Caithness, Sutherland and Easter Ross) (LD): LD Committee
04 Jul 2000
Rural Schools
I apologise to you, convener, and to committee members for my absence last week. This report has been a long time in coming. It deals with three local authorities in the first section, and with Moray Council in the second and final section. Committee members will be aware of t...
The Convener (Jamie Stone): LD Committee
12 Jan 2010
Equality Bill
Welcome to the first meeting in 2010 of the Subordinate Legislation Committee. I wish everyone a slightly belated happy new year. We have apologies from Margaret Curran and Rhoda Grant. Could everyone remember to switch off their mobile phones and BlackBerrys? I say that every...
The Convener: LD Committee
04 Sep 2007
Instruments Subject <br />to Annulment
Thank you. Members are content with the explanation for the breach of the 21-day rule. Are you also content that our officials should raise a couple of minor points with the Executive?Members indicated agreement.
The Convener: LD Committee
04 Sep 2007
Instruments Subject <br />to Annulment
If members are content, we will ask the Executive to explain why the order was not made earlier. The same point arises as for SSI 2007/358, as this order also implements directive 2006/100/EC, which member states should have implemented by 1 January 2007, which was the date of...
The Convener: LD Committee
04 Sep 2007
Instruments Subject <br />to Annulment
The regulations are a nice example of the extraordinary diversity of the matters that come before the committee.The regulations relate to emergency measures suspending the use of E128 Red 2G as food colour. Are members satisfied with the explanation offered by the Executive fo...
The Convener: LD Committee
04 Sep 2007
Instruments Subject <br />to Annulment
Are members content with the reason for both sets of regulations breaching the 21-day rule? Are you also content that we should ask the Executive to explain the two points listed in the summary of recommendations?Members indicated agreement.
The Convener: LD Committee
04 Sep 2007
Instruments Subject <br />to Annulment
I am sure that members are content with the reasons for the breach of the 21-day rule. Are you also content to ask the Executive the three questions listed in our summary of recommendations?Members indicated agreement.
The Convener: LD Committee
04 Sep 2007
Instruments Not Laid Before <br />the Parliament
Are members content to ask the Lord President's office why, in relation to article 2(2), paragraph 1A of schedule 2 to the European Communities Act 1972 has not been cited as an enabling power? Are members also content to raise minor points on the instrument?Members indicated ...
The Convener: LD Committee
04 Sep 2007
Instruments Not Laid Before <br />the Parliament
Are members content to ask the Lord President's office, first, which paragraph (c) is being referred to in article 2(2)(b), given that the phrase "paragraph (c)" occurs twice in rule 25A.1 of the rules of the Court of Session, and why that was not made clearer, and, secondly, ...
The Convener: LD Committee
11 Sep 2007
Instruments Subject to Annulment
I refer members to the supplementary legal brief that they have received. To be honest, I found the regulations difficult to understand, but I am working at it and think that I am getting there. There is an issue of clarity and transparency. Are members content with recommenda...
The Convener: LD Committee
23 Oct 2007
Instruments Subject to Annulment
Are members content with the explanation provided in relation to the breach of the 21-day rule? Are members further content to note that the word "not" has been omitted before the word "eligible" in regulation 7(2)(d), which appears to be a failure to properly implement articl...
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
27 Nov 2007
Delegated Powers Scrutiny
The use of the negative procedure is becoming a theme.We move on to section 56, "Compensation for voluntary compliance with request", and section 57, "Compensation for persons subject to certain orders". Are members content to ask the Scottish Government to clarify the extent ...
The Convener: LD Committee
27 Nov 2007
Delegated Powers Scrutiny
Section 89, "International Health Regulations", would confer very broad powers on the Scottish ministers. A full explanation is necessary. Are members content to seek further clarification from the Scottish Government on its intentions for the delivery of international health ...
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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...