I have listened with great interest to the discussion. I agree with the principle, which Mr Smyth is to be commended for introducing, that it is essential for south of Scotland enterprise to work closely with other public bodies across the south of Scotland. I would go further and suggest that it is equally important for the agency to engage with businesses, education institutions, communities and—as Mr Stevenson said—public bodies that do not operate in the south of Scotland but whose influence and decisions have an impact on the area.
I am cognisant of the fact that, earlier in stage 2, Claudia Beamish moved a similar amendment about a duty to co-operate with environmental bodies. I will say the same thing that I said about that: of course there needs to be co-operation with all relevant stakeholders. As all members have done, I agree that the principle is correct. The question is how the objective is best secured in practice and whether primary legislation is the best way to achieve it.
The amendment says that the Scottish ministers “must” make regulations. That would confer powers on the Scottish ministers that we do not seek. We would prefer to leave it to the judgment of the people who are appointed following due process as the chair and members of the board, and their staff, to work in the way that we all wish them to do. I do not want the Scottish ministers to take a prescriptive approach, and I do not see why that is necessary or desirable. However, we absolutely want to encourage a culture of co-operation. We have seen that culture in the south of Scotland economic partnership under Professor Griggs’s chairmanship. Indeed, from what I have seen—I have had the privilege of being involved in many of the meetings and discussions—the partnership is working extremely well.
Of course, we have no idea who the office bearers of the new body will be, but I hope that that culture of co-operation will carry on. SOSEP has brought together public sector organisations with private, third and education sector bodies and has forged good working relations, and it is right to record that. Professor Griggs is about to engage on another 32 public meetings across the area, which is an outstanding stint. Those of us who have been involved in public meetings will know that that is a bit of a shift, to put it in non-ministerial parlance.
I am sure that those relationships will continue with the establishment of the enterprise agency, and rightly so. However, I want to try to be helpful, because there is a mood of trying to find a positive way through, as Mr Greene and Mr Finnie expressed. First, I should have discussions with the local authorities to see what they want in relation to the matter, and I have an opportunity to do so prior to stage 3. That would be useful. Mr Finnie postulated a question about what would happen if there was a disagreement between local authorities and how the duty would impact on that, which is a fair point.
Secondly, I can give an absolute assurance that ministerial letters of guidance are used as an extra-statutory mechanism. I have given a commitment to the committee to write in detail before stage 3 about what the initial letter of guidance to the new body should contain. In response to amendment 43, I guarantee that, if the bill is passed by Parliament and we get to the stage of the initial letter of guidance, my intention is that the letter will cover the duty to co-operate with all relevant parties. That seems to me to be the correct procedural way to achieve the objective that we all share.
Further, the Enterprise and Skills Strategic Board focuses strongly on alignment, and the chair of the new agency will of course be a member of the board. Part of the purpose of setting up that board was to achieve exactly what amendment 43 seeks. I also point to our commitment to establishing regional economic partnerships across Scotland. I believe that Mr Smyth is a former chair of the south of Scotland alliance, so I hope that he sees value in an increased role for that alliance, building on the successes and bringing together a wider group of agencies.
I have listened with care and I am sympathetic to the aims, but there are better ways to achieve them. I hope that members agree that I have given clear proof that the overall objective will be achieved with letters of guidance and that legislation is not the best way forward on the issue. However, I am happy to give an additional assurance to members that we will explore the issue further before stage 3, as we have done before stage 2.
In light of those assurances and guarantees, as well as the points that have been made in the debate, all of which were interesting, relevant and germane, I hope that Mr Smyth will not press amendment 43.