Regulations process could be better, say MSPs
18 Mar 08
Committee calls for streamlined and improved scrutiny of statutory rules
A committee of MSPs has called for the Scottish Parliament to enact the means to streamline and improve the scrutiny of secondary legislation, in a report published today.
In the report of its inquiry into the regulatory framework in Scotland, Holyrood's Subordinate Legislation Committee calls for a Scottish Government bill to be developed in a partnership between the parliament and the government.
The committee believes the current process is "unwieldy and complex", and makes a number of detailed recommendations to improve and simplify procedures. These include:
- introducing new procedures for dealing with emergency instruments and consolidations;
- extending the period for scrutiny before instruments can come into force from 21 to 28 days;
- allowing some changes to be made to instruments to improve drafting or correct mistakes without delaying their implementation;
- requiring the Scottish Government to provide the Parliament with a six week forward programme of subordinate legislation on a monthly basis to allow for improved planning by parliamentary committees.
"Nuts and bolts" job
Committee convener Jamie Stone MSP said:
"We believe that the scrutiny of subordinate legislation is one of the most important functions of the Parliament. This is, after all, the nuts and bolts of legislation - there are around 500 statutory instruments every year which may impact on all of us as citizens.
"It is vital therefore that the levels of scrutiny the parliament applies to the different rules and regulations submitted by the Scottish Government are appropriate and that the system is fit for purpose.
Mr Stone said his committee had looked carefully at recommendations made by its predecessor inthe last parliament and concluded that most of what that committee had wanted to achieve could be delivered effectively through improving the present system.
"We believe that our recommendations will deliver a simpler, more transparent system which improves scrutiny."
The session 2 committee, which reported early last year, concluded that rather than seek to improve the current system, which was based on Westminster procedures, the current system should be replaced. The parliament did not have time to consider the recommendations before the May elections and the committee therefore asked its successor to consider its report and make its own recommendations.
The new committee considered that whilst the new system recommended by its predecessor would offer a number of benefits, it also had some disadvantages. It concluded that the most workable outcome both for the parliament and the Scottish Government would be to improve procedures within the existing framework.