By David Scott in Edinburgh
18 September 2009
Powers being sought by ministers could undermine the independence and effectiveness of public bodies such as Audit Scotland, the Holyrood finance committee has been told.
According to the Law Society of Scotland, a proposal in the Public Services Reform (Scotland) Bill gives ministers the power to modify, transfer and abolish the functions of various public organisations.
In a letter to the Scottish Parliament finance committee, the society said that it was not appropriate to give ministers such powers over bodies that were independent from the government.
The move would put a number of organisations ‘at risk’, it added.
Michael Clancy, director of law reform at the society, said: ‘The society’s concerns focus on the proposal that an order-making power be granted to Scottish ministers.
‘This proposal has not been widely consulted on and we would question whether such wide-ranging powers are appropriate, given that a number of the public bodies listed in the Bill were set up so as to be independent of the Scottish Government.’
The list of organisations affected by the planned change include Audit Scotland, Scottish Water, the Scottish Public Services Ombudsman, and the Judicial Appointments Board for Scotland and various commissions responsible for areas such as public appointments, human rights, mental health welfare and parliamentary standards.
Clancy conceded that some safeguards had been put in place to limit the powers. But he argued that these did not go far enough to offset the transfer of decision-making powers from the Scottish Parliament to ministers.
He added: ‘The society accepts that scrutiny of public spending is necessary. However, decisions about the function of independent public bodies should remain with the Scottish Parliament and we will continue to express our concerns as the Bill progresses.’
A Scottish Government spokesman said the Bill proposed that, with Parliament’s approval, ministers could make further necessary changes to transfer or amend the functions of public bodies for which they were responsible.
He said: ‘This will avoid situations where necessary changes are delayed, or do not proceed at all, because a suitable legislative slot is not available.
‘The order-making powers are subject to rigorous statutory and procedural safeguards and any proposals would be subject to prior consultation and parliamentary approval.’
The Bill, which is currently being considered by the finance committee, aims to ‘simplify’ what has been described as the ‘overcrowded’ structure of public bodies in Scotland.
18 September 2009
Powers being sought by ministers could undermine the independence and effectiveness of public bodies such as Audit Scotland, the Holyrood finance committee has been told.
According to the Law Society of Scotland, a proposal in the Public Services Reform (Scotland) Bill gives ministers the power to modify, transfer and abolish the functions of various public organisations.
In a letter to the Scottish Parliament finance committee, the society said that it was not appropriate to give ministers such powers over bodies that were independent from the government.
The move would put a number of organisations ‘at risk’, it added.
Michael Clancy, director of law reform at the society, said: ‘The society’s concerns focus on the proposal that an order-making power be granted to Scottish ministers.
‘This proposal has not been widely consulted on and we would question whether such wide-ranging powers are appropriate, given that a number of the public bodies listed in the Bill were set up so as to be independent of the Scottish Government.’
The list of organisations affected by the planned change include Audit Scotland, Scottish Water, the Scottish Public Services Ombudsman, and the Judicial Appointments Board for Scotland and various commissions responsible for areas such as public appointments, human rights, mental health welfare and parliamentary standards.
Clancy conceded that some safeguards had been put in place to limit the powers. But he argued that these did not go far enough to offset the transfer of decision-making powers from the Scottish Parliament to ministers.
He added: ‘The society accepts that scrutiny of public spending is necessary. However, decisions about the function of independent public bodies should remain with the Scottish Parliament and we will continue to express our concerns as the Bill progresses.’
A Scottish Government spokesman said the Bill proposed that, with Parliament’s approval, ministers could make further necessary changes to transfer or amend the functions of public bodies for which they were responsible.
He said: ‘This will avoid situations where necessary changes are delayed, or do not proceed at all, because a suitable legislative slot is not available.
‘The order-making powers are subject to rigorous statutory and procedural safeguards and any proposals would be subject to prior consultation and parliamentary approval.’
The Bill, which is currently being considered by the finance committee, aims to ‘simplify’ what has been described as the ‘overcrowded’ structure of public bodies in Scotland.
