Delegated Powers and Law Reform Committee [Draft]
Meeting date: Tuesday, April 30, 2024
Official Report 659KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instruments subject to Affirmative Procedure
- Instrument subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
- Document subject to Parliamentary Control
- Judicial Factors (Scotland) Bill: Stage 1
Instruments subject to Affirmative Procedure
Under agenda item 2, we are considering five instruments. An issue has been raised on the following instrument.
International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2024 [Draft]
The instrument amends the privileges and immunities afforded to the European Space Agency, the European Organisation for Astronomical Research in the Southern Hemisphere, and their representatives and staff.
In correspondence with the Scottish Government, published alongside the papers for this meeting, the committee queried discrepancies between the instrument and the explanatory note.
The Scottish Government acknowledged that the new paragraph 7 of schedule 15 to the order that is being amended—the International Organisations (Immunities and Privileges) (Scotland) Order 2009—does not operate as the policy intended. It confirmed that it intends to rectify the error at the earliest opportunity.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i)—defective drafting—on the basis that the paragraph does not operate as intended, in that a director general, or a person acting in their place, who has a form of British nationality does not benefit from exemptions relating to social security as was intended?
Members indicated agreement.
Does the committee wish to welcome that the Scottish Government intends to rectify the error at the earliest opportunity, which is anticipated to be in the autumn of this year?
Members indicated agreement.
The Scottish Government confirmed that the explanatory note is incorrect in suggesting that the instrument affords immunities and benefits only to officers who have British nationality. It advised that it intends to correct the text of the explanatory note.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of the error in the explanatory note?
Members indicated agreement.
Is the committee content with the Scottish Government’s proposal to correct the text of the explanatory note?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instruments.
Disability Assistance for Older People (Scotland) Regulations 2024 [Draft]
Equality Act 2010 (Specification of Public Authorities) (Scotland) Order 2024 [Draft]
Equality Act 2010 (Specific Duties) (Scotland) Amendment Regulations 2024 [Draft]
Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024 [Draft]
Is the committee content with the instruments??
Members indicated agreement.
Air adhart
Instrument subject to Negative Procedure