Local Government and Transport Committee, 20 Apr 2004

Meeting date: Tuesday, April 20, 2004

Official Report 210KB pdf

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Subordinate Legislation

Before we move on to the evidence-taking session, we have to deal with agenda item 2, which is to consider seven pieces of subordinate legislation.

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Road Works (Inspection Fees) (Scotland) Amendment Regulations 2004<br />(SSI 2004/84)

No members have raised points and no motion for annulment has been lodged. Do members agree that we have nothing to report on the regulations?

Members indicated agreement.

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Parking Attendants (Wearing of Uniforms) (Dundee City Council Parking Area) Regulations 2004 (SSI 2004/85)

Do members agree that we have nothing to report on the regulations?

Members indicated agreement.

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Road Traffic (Parking Adjudicators) (Dundee City Council) Regulations 2004 (SSI 2004/86)

Do members agree that we have nothing to report on the regulations?

The Subordinate Legislation Committee, which referred the regulations to us, had various problems with the drafting. For example, the regulations refer to the secretary of state when they should refer to the Scottish ministers. The Subordinate Legislation Committee was rather unhappy that the drafting seemed sloppy and has given examples of that, including an erroneous reference. Although that is a small point, which has been fixed in a sense, I wonder whether it hides a deeper problem. If statutory instruments are not being drafted properly, is there a problem with the number of draftsmen or with their ability to draft the instruments? We have to get legislation right. I have seen at Westminster that mistakes in drafting can cause enormous problems. Drafting has to be precise and exact so that those involved in the courts and elsewhere can deal properly with legislation.

The only action that this committee can take is either not to report on the instrument to Parliament or to move a motion for annulment, which would have to have been lodged in advance of the meeting. I am sure that, if there is a broader question about inconsistent or inappropriate drafting, the Subordinate Legislation Committee will take it up with the Executive. The convener of the Subordinate Legislation Committee is sitting right beside Andrew Welsh, so perhaps she will reassure the committee about the action that her committee is taking in that regard.

I assure members that continuing dialogue between the Subordinate Legislation Committee and the Scottish Executive takes place both informally and at various meetings. Generally, the position appears to be improving, although there are still glitches when the draftsmen are busy. I assure members that the Subordinate Legislation Committee is taking up the issue.

I am happy to hear that and I wish the Subordinate Legislation Committee well in pursuing the matter because, if there is a deficiency in drafting arrangements for Scottish legislation, it has to be sorted out. It is important that the Scottish Executive has sufficient drafting staff to enable it to do something other than simply copy previous bills.

Is it agreed that we have nothing to report on the regulations?

Members indicated agreement.

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Road Traffic (Permitted Parking Area and Special Parking Area) (Dundee City Council) Designation Order 2004<br />(SSI 2004/87)<br />Private Hire Car Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2004<br />(SSI 2004/88)

Is it agreed that we have nothing to report on these instruments?

Members indicated agreement.

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Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2004 (SSI 2004/91)

Is it agreed that we have nothing to report on the order?

I agree that we have nothing to report on the order, but I would like to welcome it, particularly with regard to the two areas in my constituency that are having the rating relief expanded to include them. I have been campaigning for years—since I was a councillor, in fact—to have Stratheden and Springfield added to the areas that qualify. I am glad that the Executive has reviewed the provisions and included those areas.

Thank you for that, Iain. Is it agreed that we have nothing to report on the order?

Members indicated agreement.

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Non-Domestic Rates (Levying) (Scotland) Regulations 2004 (SSI 2004/92)

Is it agreed that we have nothing to report on the regulations?

Members indicated agreement.