 I welcome members to the 21st meeting in 2015 of the Delegated Powers and Law Reform Committee. As always, I ask members to switch off mobile phones, please. Gender item 1 is a decision on taking business in private. It's proposed that we take item 8 in private. This will allow the committee to discuss its approach to the delegated powers provisions in the Inquiries into Deaths Scotland bill at stage 1 with a view to agreeing the contents of a report to the Justice Committee. Does the committee agree to take item 8 in private, please? Thank you. Item 2 is instrument subject to a prefermative procedure, and no points have been raised by our legal advisers on the Public Records Scotland Act 2011 Authorities Amendments Order 2015 draft, nor on the advice and assistance by a way of representation. Scotland amendment number 3, Regulations 2015 draft. Does the committee have any comments or is the committee content with those instruments, please? Thank you. Gender item 3, instrument subject to negative procedure. The Common Agricultural Policy Direct Payments, etc. Scotland amendment regulations 2015, SSI 2015 215. This instrument was laid before Parliament on 28 May 2015, and regulations 1 to 3 came into force on 1 June, meaning that the requirement to leave a minimum of 28 days between laying and coming into force has not been complied with. Does the committee therefore agree to draw this instrument to the attention of the Parliament under reporting ground? Jay, as there has been a failure to observe the requirements for section 282 of the Interpretation and Legislative Reform Scotland Act 2010. John. I would just like to say, and perhaps this is not necessarily the right point to see it, but I accept the Government's explanation as to why it is taking so long, and I would have to declare an interest in this, which is why I accept the Government's explanation, because I know the hoops they had to go through to make this happen. Those comments. Indeed. As a matter of process, however, the instrument was made on 26 May, and laid on 28 May, creating a two-day gap between the making of the instrument and the laying of it. The Scottish Government has accepted that in relation to the 28-day rule, which was breached, of course, it would have been an advantage if arrangements had been made to put in place to lay the instrument forthwith, as after it was made on the 28th rather than two days later. To write to the Government indicating that where a 28-day rule is breached, it will be expected that wherever possible, an instrument is laid before Parliament expeditiously after it has been made. Thank you. No points have been raised by our legal advisers on the education student support miscellaneous amendments Scotland regulations 2015, SSI 2015, 212, the Old Scotland Sheriff Court, Sheriff Personal Injury Court Order 2015, SSI 2015, 213. The Scheduled Monument Consent Procedure Scotland Regulations 2015, SSI 2015, 229. The Town and Country Planning Appeals Scotland Amendment Regulations 2015, SSI 2015, 233. The Town and Country Planning General Permitted Development Scotland Amendment Order 2015, SSI 2015, 235. The Town and Country Planning Determination of Appeals by Appointed Persons, Prescribed Classes Scotland Amendment Regulations 2015, SSI 2015, 236. The Town and Country Planning Historic Environment Scotland Amendment Regulations 2015, SSI 2015, 237. The Historic Environment Scotland First Planning Period Order 2015, SSI 2015, 238. The Historic Environment Scotland Act 2014, Saving Transitional and Consequential Provisions Order 2015, SSI 2015, 239. The Planning, Listy Buildings and Conservation Areas Urgent Works to Crown Land Scotland Regulations 2015, SSI 2015, 240. The Listy Buildings Notification and Publications Scotland Regulations 2015, SSI 2015, 241. Is the committee content with those instruments, please? The Dender Item 4, Instruments Not Subject to any Parliamentary Procedure, the Legal Writings, Counterparts and Delivery Scotland Act 2015, Commencement Order 2015, SSI 2015, 242. Given the committee's consideration of the Legal Writings, Counterparts and Delivery Scotland Bill, Members will be pleased to note that this instrument commences the remaining parts of the Legal Writings, Counterparts and Delivery Scotland Act 2015, which are currently not in force on 1 July 2015. No points have been raised on this order or on the remaining instrument, which is the Vulnerable Witnesses Scotland Act 2004, Commencement Number 8 Order 2015, SSI 2015, 244. Is the committee content with these instruments, please? The committee is extremely pleased to see the delivery of the not-in-substantial work that we did on the legal writings and, of course, content to see it pass into effect. I don't write on number 5. I support what Stuart Stevenson has said, and this is the first piece of legislation passed by this committee. I think that it is very much to be welcomed that we managed, hopefully, to achieve it successfully. Indeed. Thank you. With that, let us turn to agenda item 5, which is the Community Empowerment Scotland Bill, and this item of business is consideration of the early delegated powers provisions in this bill as modified by stage 3 amendments. Stage 3 consideration of the bill is due to take place tomorrow. The committee should therefore agree any conclusions today. There are proposed stage 3 amendments in five areas that may be of particular interest to the committee. The first group of amendments of relevance to the committee concerned part 1 of the bill from the national outcomes. In its stage 1 report, the committee was concerned that there was to be no role for parliament in scrutinising these outcomes. The bill was amended at stage 2 to the effect that the national outcomes were to be prescribed in regulations and subject to parliamentary scrutiny through a superaffirmative procedure. Revision was also made at stage 2 for the Scottish Parliament to be consulted in accordance with rule 17.5 of standing orders of the Parliament on draft national outcomes for a 40-day period. Amendments 27 and 34 propose to remove the requirement for the national outcomes to be set out in regulations. Scottish Government is not, however, proposing to remove the requirement for consultation with the Parliament in advance of the outcomes being determined. That would allow the lead committee and the Parliament as a whole to consider the report on the draft national outcomes. Do members have any comments on draft national outcomes? I think that it's very much welcome to be welcome that the Government has responded to this committee's concerns in relation to the bill that was originally laid. I think that the proposals that are now before the Parliament for passing or rejecting tomorrow are ones that I think we are likely to feel should be passed. I would certainly personally wish the amendments that are being made tomorrow be on voyage and welcome the fact that they reflect our previous consideration. Thank you. Right. John. Welcome as well the national outcome amendments in as much as this is what was sought and Parliament now has the ability to have an input and that's therefore to be welcome. Amendments 42 and 43 replace section 24A of the bill which was asserted at stage 2 and provide a power to make provision in regulations for reviews and appeals in relation to decision notices and participation requests under part 3. The power would, among other things, allow Scottish ministers to determine to whom appeals may be made as well as the time limits which would apply in relation to such appeals. That power is subject to the negative procedure. Do you remember so many comments on those appeals procedures? No, thank you. Amendment 4 provides for a regulation making power to specify smaller areas or localities which community planning areas may be divided into for the purposes of outcome comparison. That power is subject to the negative procedure. Do you remember so many comments on that one, Stuart? I think I very much welcome the fact that this flexibility is built in. Many of the councils that cover large territorial areas Highland is an obvious one and Aberdeenshire would be another. In their internal operations have an area-based management series of area committees which reflect the fact that localities are often rather smaller than the council area. Having that flexibility is a good process that we should welcome. The drafting of the amendment that is brought forward at amendment 4 will look as if it meets the appropriate needs. Amendment 174 to 176 empowers Scottish ministers to make regulations facilitating support or involvement in the decisions of football clubs and supporting ownership of football clubs, while subsequent amendments remove the current part 5B regarding supporters' trust's right to buy Scottish professional football league clubs. The new power is subject to the affirmative procedure and various parties must be consulted before regulations are made. Do you remember so many comments, John? Thanks, convener. I think that this is a step probably in the right direction because I think that there was a danger here that there was a rush into legislation. It seems to me that there are quite wide powers now given to ministers. We are talking now about all football clubs and not just the 42 SPFL clubs. I do accept that there is a lot of consultation to be gone through before anything actually happened. I think that that seems positive and the fact that it is the affirmative procedure is positive as well. Thank you. Members may wish to note that, following last week's meeting, I have lodged amendments on behalf of the committee to deal with the specific concern that committee had in relation to the construction of a number of the delegated powers in part 5B of the bill as inserted at stage 2. The removal of part 5B would address many of the committee's concerns expressed previously on the delegated powers in this part, including its concerns about the construction of those powers. Finally, amendment 103 removes the regulation making power in section 69A of the bill regarding the size of allotments. Last week, the committee called on the Scottish Government to clarify how this power was to interact with the requirements as to where allotment size set out in section 68 of the bill. Do you remember any comments, John? Yes, thanks, convener. It is certainly positive that there is more clarity because that was the main thing that we were concerned about. Local authorities would forcibly reduce the size of allotments. I think that the fact that we have more clarity in this and it appears that it would be only if people asked for a smaller allotment that that is a positive direction as well. Thank you. I welcome the fact that the committee did bring forward five amendments in the name of the committee. Slightly unusual procedure for a committee to be taking but I am equally pleased to see that the Government has responded and addressed the points that would otherwise have been covered by amendments and, in particular, that the detail as to how they would bring forward the matters that would be in secondary legislation addressing the issues that we were looking at is spelt out at substantial length and might useful be a model for how such things are dealt with in future. Thank you. Do you members have any other comments on the community empowerment bill which will obviously exercise us at length tomorrow afternoon? Thank you. That then moves us on to agenda item 6 which is the Air Weapons and Licensing Scotland bill. This item of business is consideration of the delegated powers provisions in the bill as amended at stage 2. The committee's conclusions will form in advance of the stage 3 debate which is scheduled for Thursday 25 June. The committee should again therefore agree its conclusions today. Members will have noted that the Scottish Government has provided a supplementary delegated powers memorandum and will have seen the briefing paper. There is one delegated power in particular which the committee may wish to comment on. Section 66C inserts a new section 37A into the Civic Government Scotland Act 1982. The new section 37A provides a new regulation making power which enables the ministers to make provisions specifying circumstances in which the entire metal-dealing licensing and regulation regime in sections 28 to 37 of the 1982 act including amendments of the new provisions and the new provisions are not to apply. This extends also to the power to to supply the new and amended provisions in the bill on metal dealer licensing. The power is therefore widely drawn. Given the scope of the power does the committee therefore agree to call on the Scottish Government to consider amending the bill at stage 3 so that the power in section 66C inserting new section 37A of the 1982 act is subject to the affirmative procedure rather than the negative procedure. Does the committee agree to report that it is content with the other provisions in the bill which have been amended at stage 2 or substantially altered provisions conferring powers to make subordinate legislation and other delegated powers? I would just also like to put on the record how welcome the fact is that the amendment to the commencement powers in section 78 of the bill and that in terms of licenses and personal licenses that will be implemented the day after Royal Ascent is given quite a number of my constituents affected by this and I therefore welcome this amendment to the previous legislation which was much needed. Can I actually agree as well because this will make a big difference to people that at the moment can't actually reapply for that license holder certificate? Indeed. Thank you. Turning now to agenda item 7 the Health Scotland Bill purpose of this item is to consider the delegated powers provisions in the bill as amended at stage 2 and stage 3 debate for this bill will take place on Wednesday 24 June committee should therefore agree its conclusions today so they can be captured in a report prior to the debate. Members will again have noted that the Scottish Government has provided a supplementary delegated powers memorandum and will have seen the briefing paper. It's proposed that members may wish to find delegated powers acceptable. Does the committee agree to report that it is content with the provisions in the bill which have been amended at stage 2 to insert or substantially alter provisions conferring powers to make subordinate legislation and other delegated powers? We do. Thank you. That completes item 7 and I then move the committee into private. Thank you very much.