Swinney denies claims he plans to override Holyrood

30 Oct 09
Finance Minister John Swinney has described as ‘baseless’ claims that he is intending to usurp the powers of Parliament over the abolition of quangos and other public bodies
By David Scott in Edinburgh

30 October 2009

Finance Minister John Swinney has described as ‘baseless’ claims that he is intending to usurp the powers of Parliament over the abolition of quangos and other public bodies.

He told the Scottish Parliament’s finance committee on October 27 that there were safeguards and procedures that would require ministers to put their plans before Parliament.
Swinney was responding to a Labour MSP, David Whitton, who challenged the minister over powers contained in the Public Services Reform (Scotland) Bill.

This would abolish or amalgamate a number of specific bodies. But it also contains a power that would allow ministers to modify, transfer and abolish the functions of a long list of other public organisations, such as Audit Scotland and Scottish Water, without bringing forward primary legislation.

Whitton said: ‘You seem to be trying to usurp the parliamentary process. All this power coming to ministers, just so you can get on with things?’
Swinney stressed that the role of Parliament would be safeguarded by a number of parliamentary procedures.

He said: ‘Ministers have the power in the Bill to bring forward suggestions, but every suggestion has to be set out in detail. It has to form the basis of an order and there has to be statutory consultation on that order as it affects every individual body.’

The Law Society of Scotland claimed a power affecting bodies that had a role independent from the government was not appropriate and would put a number of organisations ‘at risk’.

But Swinney said he ‘fundamentally disagreed’ with the society’s assertion that this would result in a transfer of power to ministers. ‘I think it is a baseless view if you want my honest opinion. I just cannot understand how any objective analysis of this would suggest that ministers are getting more powers here,’ he said.

The minister told the committee that the Bill was part of plans to reduce the number of public bodies by 25% and ‘simplify’ the public sector landscape in Scotland.

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