Delegated Powers and Law Reform Committee

Meeting date: Tuesday, September 19, 2017

Official Report 408KB pdf

Islands (Scotland) Bill: Stage 1

The purpose of item 6 is for the committee to consider its approach to the scrutiny of the delegated powers in the Islands (Scotland) Bill at stage 1. It is an opportunity to identify matters that the committee might wish to raise with the Scottish Government.

The purposes of the bill are to make provision for a national islands plan, to impose a duty on certain public authorities to have regard to island communities, to make provision about the electoral representation of island communities and to establish a licensing scheme in respect to marine development adjacent to islands.

It is suggested that the committee raises questions on two of the delegated powers in the bill. Section 7(3) provides that the Scottish ministers may, by regulations, amend the schedule that lists the bodies, office-holders and other persons who are subject to the duty to have regard to island communities in carrying out their functions. However, other acts also include a power to modify a list of authorities contained in a schedule by modifying an entry in the list. Section 6 of the British Sign Language (Scotland) Act 2015, for example, does that, and section 8 of the Gender Representation on Public Boards (Scotland) Bill, which is presently before the Parliament, contains powers, by regulations, to modify the list of authorities in schedule 1

“so as to add an entry, vary the description of an entry or remove an entry.”

Does the committee agree to ask the Scottish Government why it has been considered appropriate not to extend the power to modifying an entry in the schedule, in addition to the power to add or remove an entry?

Members indicated agreement.

In regard to the power in section 21 to add supplementary, incidental or consequential provisions to the regulations under section 7(3) or section 18, the delegated powers memorandum provides no explanation of why those powers are necessary or appropriate.

Does the committee agree to ask the Scottish Government for an explanation as to why the ancillary powers in section 21(1)(a) are considered to be necessary or appropriate? In particular, why are the powers appropriate in addition to the powers to make ancillary provisions by regulations in section 22, and why is the power to add supplementary provision appropriate in respect of regulations under either section 7(3) or section 18?

Members indicated agreement.

I move the meeting into private session.