Nigel Don MSP

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Parliamentary Activities

Member of the Conveners Group

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Delegated Powers and Law Reform Committee 03 March 2015 : 03 March 2015
The Convener

I am much obliged—thank you very much.

That brings us to the end of the agenda. Our next meeting will be next Tuesday.

Meeting closed at 11:48.  

Delegated Powers and Law Reform Committee 03 March 2015 : 03 March 2015
The Convener

Thank you for those welcoming words.

Does the committee agree to note the correspondence?

Members indicated agreement.



Delegated Powers and Law Reform Committee 03 March 2015 : 03 March 2015
The Convener

Agenda item 5 gives us the opportunity to consider the Scottish Government’s response to our report on the instruments that the committee considered during 2013-14. The correspondence also responds to further issues that were raised in the committee’s oral evidence session with the Minister for Parliamentary Business that took place on 16 December last year.

Members will have seen the correspondence from the Minister for Parliamentary Business. Are there any comments?



Delegated Powers and Law Reform Committee 03 March 2015 : 03 March 2015
The Convener

On that basis, we will stick with the original form of words. Thank you.

Section 4 sets out the responsibilities of listed authorities with regard to the publication of authority plans, including the timescales for such publication. Broadly speaking, authority plans are to be published as soon as reasonably practicable after publication of the corresponding national plan. The national plan and authority plans are to be prepared in each session of the Parliament.

Section 4(6) provides that, in publishing an authority plan or a revised plan, a listed authority is to have regard to any guidance that is issued by the Scottish ministers concerning publication. Again, an explanation of that power has not been included in the delegated powers memorandum.

Does the committee therefore agree to ask the member in charge to explain why the power to issue guidance is being taken; to give examples of the provision that is likely to be made in any guidance that is issued; to explain why it is appropriate for the power to be exercised by way of guidance rather than subordinate legislation; and to indicate the form in which the guidance is likely to be issued and the manner of its publication?

I suggest to the committee that the previous discussion probably applies.

Members indicated agreement.



Delegated Powers and Law Reform Committee 03 March 2015 : 03 March 2015
The Convener

We normally ask people to write to us in the first instance. That is the simplest way forward. If there were to be an issue once we have a written response, we could ask the member in charge of the bill to appear before us.



Delegated Powers and Law Reform Committee 03 March 2015 : 03 March 2015
The Convener

I am sure that the answer to that is that some of them will have to be referred on to the Government, which will be much more familiar with what ministers can and should do.

In the context of Stewart Stevenson’s comment, I am wondering whether we might simply ask why the power to issue guidance is being taken and how it is expected to be used.

11:45  

Delegated Powers and Law Reform Committee 03 March 2015 : 03 March 2015
The Convener

Do members have any other comments?



Delegated Powers and Law Reform Committee 03 March 2015 : 03 March 2015
The Convener

Agenda item 4 is consideration of the British Sign Language (Scotland) Bill. In examining a bill, the Delegated Powers and Law Reform Committee considers matters such as whether in the bill overall the right balance has been struck between primary legislation and delegated powers; whether the delegated powers are properly drafted; and whether a delegated power is subject to the appropriate form of parliamentary procedure.

The committee also considers provisions in the bill that provide the power to do something purely administratively, for example by direction or guidance, and assesses whether they should be subject to parliamentary procedure. It is not within the committee’s remit to consider the policy merits of a bill or the policy merits of the powers that it delegates.

The committee is asked to agree any questions that it may wish to ask the member in charge of the bill, Mark Griffin MSP, on the delegated powers in the bill. It is suggested that those questions be put to the member in writing. The responses that are received will be used to help inform the committee’s report on the bill, which we will consider at a later date.

The member in charge of the bill has produced a delegated powers memorandum, which provides information on the subordinate legislation in the bill. The memorandum is available in both English and British Sign Language on the Parliament’s website.

Section 3 of the bill sets out the responsibilities of local authorities in relation to the preparation of authority plans and gives details of what authority plans must contain. Section 3(4)(b) sets out several matters to which an authority is to have regard in preparing its plan. They include, in section 3(4)(b)(v),

“such guidance, relevant to the preparation (or revision) of Authority Plans, as may be issued by the Scottish Ministers.”

The power to issue guidance is not explained in the delegated powers memorandum, as it is not a power to make subordinate legislation.

Does the committee agree to ask the member in charge of the bill to explain why the power to issue guidance is being taken; to provide examples of the provision that is likely to be made in any guidance that is issued; to explain why it is appropriate for the power to be exercised by way of guidance rather than subordinate legislation; and to indicate the form in which the guidance is likely to be issued and the manner of its publication?



Delegated Powers and Law Reform Committee 03 March 2015 : 03 March 2015
The Convener

No points have been raised by our legal advisers on the orders. Is the committee content with them?

Members indicated agreement.



Delegated Powers and Law Reform Committee 03 March 2015 : 03 March 2015
The Convener

The committee may wish to note that SSI 2015/66 corrects a number of drafting errors and inconsistencies to which the committee drew the Parliament’s attention when it considered SSI 2014/285 and SSI 2014/281.

Vote DetailMSP VoteResult

S4M-12495 Joe FitzPatrick on behalf of the Parliamentary Bureau: Business Motion—That the Parliament
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YesCarried

S4M-12491.2 John Swinney: Privacy and the State—As an amendment to motion S4M-12491 in the name of W
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YesCarried

S4M-12491.1 Richard Simpson: Privacy and the State—As an amendment to motion S4M-12491 in the name o
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NoDefeated

S4M-12491 Willie Rennie: Privacy and the State—That the Parliament notes the Scottish Government’s c
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YesCarried

S4M-12492.2 Jamie Hepburn: Mental Health—As an amendment to motion S4M-12492 in the name of Jim Hume
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YesCarried

S4M-12492 Jim Hume: Mental Health—That the Parliament notes that one in four people will experience
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YesCarried

Amendment 2 moved by Ken Macintosh on motion S4M-12485 Margaret Burgess: Welfare Funds (Scotland) Bi
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NoDefeated

Amendment 3 moved by Ken Macintosh on motion S4M-12485 Margaret Burgess: Welfare Funds (Scotland) Bi
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NoDefeated

Amendment 4 moved by Ken Macintosh on motion S4M-12485 Margaret Burgess: Welfare Funds (Scotland) Bi
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NoDefeated

Amendment 5 moved by Ken Macintosh on motion S4M-12485 Margaret Burgess: Welfare Funds (Scotland) Bi
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NoDefeated

Search for other Motions lodged by Nigel Don
EventIdTypeSub TypeMSP NameParty NameConstituencyRegionTitleItemTextFormattedAnswer DateAnswerStatusIdExpectedAnswerDateAnsweredByMspApprovedDateSubmissionDateMeetingDateProductionStatusIdRecordStatusIdStatus DateOnBehalfOfConsideredForMembersBusinessCrossPartySupportRegisteredInterestSupportCountSupportDateIsEventLinkCurrentMinister
Motion S4M-12345: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 18/02/2015 Show Full Motion >>
Motion S4M-11987: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 06/01/2015 Show Full Motion >>
Motion S4M-11978: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 05/01/2015 Show Full Motion >>
Motion S4M-11748: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 28/11/2014 Show Full Motion >>
Motion S4M-11701: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 26/11/2014 Show Full Motion >>
Motion S4M-11676: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 25/11/2014 Show Full Motion >>
Motion S4M-11605: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 18/11/2014 Show Full Motion >>
Motion S4M-11466: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 06/11/2014 Show Full Motion >>
Motion S4M-09965: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 07/05/2014 Show Full Motion >>
Motion S4M-09910: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 01/05/2014 Show Full Motion >>
Search for other Questions asked by Nigel Don
EventIdTypeSub TypeMSP NameParty NameConstituencyRegionTitleItemTextFormattedAnswer DateAnswerStatusIdExpectedAnswerDateAnsweredByMspApprovedDateSubmissionDateMeetingDateProductionStatusIdRecordStatusIdStatus DateOnBehalfOfConsideredForMembersBusinessCrossPartySupportRegisteredInterestSupportCountSupportDateIsEventLinkCurrentMinister
Question S4O-04008: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 09/02/2015 Show Full Question >>
Question S4O-03930: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 12/01/2015 Show Full Question >>
Question S4O-03898: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 06/01/2015 Show Full Question >>
Question S4O-03872: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 17/12/2014 Show Full Question >>
Question S4O-03800: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 01/12/2014 Show Full Question >>
Question S4O-03722: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 10/11/2014 Show Full Question >>
Question S4O-03688: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 03/11/2014 Show Full Question >>
Question S4O-03410: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 16/06/2014 Show Full Question >>
Question S4O-03349: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 04/06/2014 Show Full Question >>
Question S4W-21123: Nigel Don, Angus North and Mearns, Scottish National Party, Date Lodged: 13/05/2014 Show Full Question >>

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