Official Report

I welcome everyone to the seventh meeting in 2008 of the Subordinate Legislation Committee, and ask members to turn off mobile phones and BlackBerrys.

We move to agenda item 1. The summary of recommendations contains a list of sections, beginning with section 2(5)(h) and concluding with paragraph 19(1) of schedule 3 to the bill. Do members agree to the delegation of powers and the procedures to which they are subject in each of the sections in the list that I have just indicated?

Members indicated agreement.

Are members content to ask the Scottish Government the questions set out in the summary of recommendations that relate to section 66(2), to schedule 3, and to sections 15(1) and 15(2) on guidance to the JAB? I point out that the last bullet point in the summary of recommendations, in relation to section 15, has been withdrawn, as our officials feel that there is no need to put that question. Are members content?

Members indicated agreement.

I do not understand what JAB means.

It is the judicial appointments board for Scotland.

Thank you very much.

If you want to be a judge, you keep in with them.

Are members content to draw the order to the attention of the lead committee and Parliament on the grounds that in relation to questions (a), (b) and (d), an explanation, with which we are satisfied, was sought and received from the Government?

Members indicated agreement.

I also point out that in our summary of recommendations it is suggested that the committee report on an issue on point (c). However, our legal advisers—as members have been informed—have satisfied themselves on that point.

Are members content with the Scottish Government's response, and, if so, to draw the guidance to the attention of the lead committee and Parliament on that basis?

Members indicated agreement.

Are members content to draw the regulations to the attention of the lead committee and Parliament on the grounds set out in points (a) to (g) in the summary of recommendations?

Members indicated agreement.

Are members content with the Scottish Government's response, and, if so, to draw the order to the attention of the lead committee on that basis?

Members indicated agreement.

Are members content with the Scottish Government's explanation of the breach of the 21-day rule, and, if so, to draw the rules to the attention of the lead committee and Parliament on the grounds set out in the summary of recommendations?

Members indicated agreement.

That is my Thurso police station.

Are members content with the Scottish Government's response, and, if so, to draw the order to the attention of the lead committee and the Parliament on that basis?

Members indicated agreement.

Are members content to ask the Scottish Government the question set out in the summary of recommendations?

Members indicated agreement.

Are members content to ask the Scottish Government the question set out in the summary of recommendations?

Members indicated agreement.

Are members content to ask the Scottish Government the question as set out in the summary of recommendations? There are three bullet points.

Members indicated agreement.

The committee agreed that no points arose on the instrument.

Are members content to ask the Scottish Government the question set out in the summary of recommendations?

Members indicated agreement.

I point out that a revised question has been issued, which replaces the question as set out in the summary of recommendations. The new question is framed more narrowly.

The regulations are stated as being part of the Scottish Government's programme of measures to enable it to fulfil its requirements as regards Scotland under the water framework directive 2000/60/EC, but the Government has not provided a transposition note, and neither the explanatory note nor the executive note explain how the regulations contribute towards that objective.

Are members content to ask the Scottish Government to provide an explanation, and in particular to explain how the regulations fulfil or contribute to the requirement to specify basic and supplementary measures required for diffuse sources liable to cause pollution set out in article 11.3(h) of the directive, and comply with the requirements of article 10.2(c)?

Members indicated agreement.

The committee agreed that no points arose on the instruments.

Are members content to ask the Scottish Government for an explanation of the three matters set out in the summary of recommendations?

Members indicated agreement.

The committee agreed that no points arose on the instruments.

As members will see from the summary of recommendations, minor points that arise in relation to the draft Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2008; the draft Advice and Assistance (Financial Conditions) (Scotland) Regulations 2008; the draft Protected Trust Deeds (Scotland) Regulations 2008; and on SSI 2008/39, SSI 2008/40, SSI 2008/42, SSI 2008/44 and SSI 2008/50, will be raised informally with the Scottish Government by our officials. Are members content with that?

Members indicated agreement.

Agenda item 6 is correspondence in connection with the order. The legal advisers have, as requested, provided a draft response to the Scottish Government on the order, on which we reported earlier this year. The draft letter is contained in the legal brief. What are members' views? Do you wish to write to the Scottish Government on the issue? If so, are you content to do so using the draft letter that has been proposed?

Members indicated agreement.

Meeting continued in private until 14:41.