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?