The Scottish Parliament Delegated Powers and Law Reform Committee, 14 Jun 2016

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From YouTube: Delegated Powers and Law Reform Committee - Scottish Parliament: 14th June 2016

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Delegated Powers and Law Reform Committee, 1st Meeting, 2016 the Adam Smith Room (CR5)

1. Declaration of interests: Members of the Committee will be invited to declare any relevant interests.

2. Choice of Convener: The Committee will choose a Convener.

3. Choice of Deputy Convener: The Committee will choose a Deputy Convener.

4. Working practices: The Committee will consider a paper from the Clerk in relation to aspects of its working practices and a proposed business planning meeting.

5. Instruments subject to negative procedure: The Committee will consider the following—
Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment (No. 2) Regulations 2016 (SSI 2016/178); Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment Regulations 2016 (SSI 2016/187); Air Weapons Licensing (Scotland) Regulations 2016 (SSI 2016/188); Food Information (Scotland) Amendment Regulations 2016 (SSI 2016/191).

6. Instruments not subject to any parliamentary procedure: The Committee will consider the following—
Land Reform (Scotland) Act 2016 (Commencement No. 1 and Transitional Provision) Regulations 2016 (SSI 2016/193 (C.16)).

Proposed future business
For further information, contact the Clerk to the Committee, whose details are provided at the end of the Bulletin.

Published by the Scottish Parliament Corporate Body.

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A

Good morning, everyone and, as the oldest member of the committee, it falls to me to cheer the first two items on today's agenda and so I'm taking the cheer at the moment. So I would like to welcome members to this. The first meeting in 2016 of the newly established a delegated powers and Law Reform Committee and, as is normal, can I ask everyone to turn off their mobile phones and can I also advise colleagues that apologies have been received from Ileane Smith, who can't be with us today.

A

The first item is to allow members to declare any interest they have that are relevant to the work of the committee and bearing in mind the notes that we've received on this, and so I would like to begin. If I mean by declaring my own interests as a farmer and there's a landowner by others to do the same. Stewart I have.

B

No relevant interests into the clear container I have no relevant adjust to declare Rachel I have no relevance interest to declare okay.

A

That's good, so we now move to Linux task, which is to choose a convener and the Parliament, so I'd invite members of the Palmer has agreed that only members of the Conservative Party are eligible for nomination as convener of this committee. So if I mean can I invite members to nominate and someone for this task.

B

To nominate yourself, John Scott us convener thank.

A

You very much rachel is that committee agreed that I should be chosen as convener of.

B

Reason agreed thank.

A

You very much the next item of business is to choose a deputy convener and the parliament has agreed the only members of the Scottish National Party are eligible for nomination as dipped convener of this committee, so invite members to nominate I am someone for that task. Please I would like to nominate stomach bonus deputy. No. Thank you very much. So are we agreed then, but we will choose Stewart Macmillan. As our deputy convener of this committee. We.

B

A

Are thank you very much gradually you Stewart on your appointment as deputy convener.

A

We now move to agenda item, for which is for the committee to consider its approach to developing court program and refer members to the paper receives from Clark's. Unless the members of any comments on the paper and if not one of the things that we want to do is to hold a business planning meeting towards the end of the summer recess and known in the parliament parlance as an away d, I think you and will probably bring a paper on the subject to us at the next meeting.

A

But if we can agree in principle at the moment that we would be happy to do this in the past, I think we would expect hope to probably do this towards the end of august, so that it doesn't clash with anything that people might be doing in july and the first half or three-quarters of august. In principle. We would everyone be happy with that sort of arrangement.

A

Yes, it okay and we'll get to the further details at the next meeting, and I particularly want to ask the committee's for the committee's authority to to delegate to the committee's legal and why authority to ask questions of the Scottish Government in relation to instruments as a way of considering the work as soon as it lands on their days, rather than having to wait on every occasion for authority to be given for them to ask questions of the government.

A

So if we can delegate that power to them, let as soon as it hits their days, they can get started with the work. What would everyone be happy with that? Stewart.

B

Thank you can be enough that sir I certainly think it's something that we should be doing on this page. You'll be aware, can be no diverse. A member of this committee, analyst Asian for a period of time and I, know that, having that flexibility for the legal team to pause, those questions when required certainly was advantageous to the members of the committee. So it sounded something like heartily giveth. Anyone.

A

Else any comment to me: nope yeah. Well, thank you, stuart! That's, you're! Absolutely right! That's very helpful and it's very important that we do do that. So we are agreed that we will delegate that authority and to our legal team. We now move to agenda item 5, which are the instruments are subject to negative procedure.

A

The first one will consider the Common Agricultural Policy direct payments, Scotland amendment number two regulations: 2016 8, ESS, hi, 2016, 17 8. The instrument fails to comply with the requirements of section 22 of the interpretation of an legislative reform with scotland act. 2010 estimate was laid before the parliament in the 17th me 2016 and came into force on the 18th of me 2016.

A

The instrument does not respect the requirement I've at least 20. These soon elapsed between the laying of an instrument which is subject to the negative procedure and the coming into force of that instrument.

A

Does the committee agree to draw this instrument to the attention of Parliament underreporting groans Jay, as it has failed to comply with requirements of section 22 of the interpretation and led to reform Scotland? That 2010 did. Thank you very much and mindful of the reasons provided by the Minister for parliamentary business in his letter to the presiding officer or the 17th may 2016 for proceeding in this manner. Does the committee agree to find the failure to comply with section 28 to be acceptable in the circumstances agreed? Thank you very much.

A

Well now, move to the sexual offences act, 2003 prescribed police stations, Scotland amendment regulations, 2016, SSI, 2016, 18, 7, and the instrument amends the list of police stations which are prescribed for the prophecies of the notification requirements in the sexual offences act. 2003.

A

Our legal advisers raised an informal creative with the scottish government regarding the postcards of five of the police stations addressed, addresses, amended or inserted by the instrument. These postcodes appeared to be incorrect when compared to details for the police stations held by the Royal Mail. The scottish government responded to say that the post codes identified had been checked by police scotland again and confirmed that they are indeed inaccurate.

A

Does the committee agree to draw an instrument to the parliaments attention under the general reporting ground in respect that? Firstly, there are errors in the police station postcodes substituted by regulations to to MN and all, and secondly, that there are errors in the post codes in the entries for helzberg police station and Heath police station as inserted by regulation. 22 p, we agreed a glutton. Thank you. Does the committee also agree to note that the Scottish Government intends to correct these errors by further amending the sexual offences act?

A

2003 prescribed police stations, Scotland regulations 2014 at the first opportunity? Good. Thank you.

A

No points have been raised by our legal advisers on air weapons, licensing, Scotland regulations, 2016 SSI, 2016, 18, 8, and no points have been raised by our advisors on food information, Scotland and amendment regulations. 2016, SSI, 2016, 19 1 is the committee. Therefore, content with these instruments go ahead. Well, thank you very much.

A

You know move on to agenda item 6, which is instruments not subject to any parliamentary procedure when agenda item, and in that context no points have been raised by our legal advisers on the land reform Scotland by 2016 commencement number one and transitional provision, regulations, 2016, SSI, 2016, 19, 3 c 16. Is the committee content with this instrument content?

A

Thank you very much and I think that brings us to the end of the first meeting. So that's it um then I'll close this meeting.