- The Convener:
Under agenda item 5, the committee will consider the delegated powers in the bill at stage 1. The committee is invited to agree the questions that it wishes to raise with the Scottish Government on the delegated powers in the bill. It is suggested that the questions be raised in written correspondence. The committee will have the opportunity to consider the responses at a future meeting, before considering its draft report.
Subsections (1) and (2) of section 4 provide that regulations may be made to require local authorities to review the decisions that they make under section 2 on use of welfare funds. The regulations may make all decisions subject to review, or set out types of decision that would be subject to review.
The delegated powers memorandum explains that the Scottish Government considers that
“Section 4 is necessary to allow requirements to be placed on local authorities to carry out reviews of decisions in relation to applications for assistance through welfare funds.”
Does the committee agree to ask the Scottish Government to explain why it was considered appropriate to frame section 4(1) as a permissive provision that will allow the Scottish ministers to regulate to require local authority reviews, rather than one that will require regulations that will put the review process in place?
Members indicated agreement.
- The Convener:
Section 4(2)(a) provides for a choice that ministers “may” implement regulations. The choice is that all decisions under section 2 may be subject to review, or that only certain types of decision may be subject to review. Does the committee agree to ask about that?
Members indicated agreement.
- The Convener:
Does the committee agree to ask the Scottish Government why the power in section 4(2) is framed as a permissive power that will allow the Scottish ministers to regulate to implement one of the two options, rather than requiring the regulations to provide for one option? Do we agree to ask how it is envisaged that the power would be used and what examples can be given of the decisions that could be made, subject to review or otherwise, and of the circumstances that might be specified in which reviewable types of decision are to be reviewed? Do we also agree to ask why those matters could not be stated initially in the bill, subject to adjustment in the future by regulation?
Members indicated agreement.
- The Convener:
Section 7 will enable sections 1 to 6 to be commenced by order. An order made under section 7
“may include incidental, supplementary, consequential, transitional, transitory or saving provision.”
In regard to section 7(3), the committee may consider that it is unusual in a bill of such scope for the commencement powers to include the power to make
“incidental, supplementary, consequential”
provision where the power is exercisable by an order that is laid before the Parliament but is not subject to negative procedure. Does the committee therefore agree to ask the Scottish Government to explain why parliamentary scrutiny by negative procedure is not considered to be appropriate for the exercise of those ancillary powers, and whether it could agree to lodge an amendment at stage 2 of the bill so that negative procedure would be applied in those circumstances?
Members indicated agreement.