EC/S2/07/5/A
ENTERPRISE AND CULTURE COMMITTEE AGENDA 5th Meeting, 2007 (Session 2) Wednesday 7th March 2007 The Committee will meet at 1.00 pm in Committee Room 4. 1. Subordinate legislation: Allan Wilson MSP, Deputy Minister for Enterprise and Lifelong Learning, to move S2M-5559— That the Enterprise and Culture Committee recommends that the draft Fundable Bodies (Scotland) Order 2007 be approved. 2. Subordinate legislation: Allan Wilson MSP, Deputy Minister for Enterprise and Lifelong Learning, to move S2M-5654— That the Enterprise and Culture Committee recommends that the draft Debt Arrangement Scheme (Scotland) Amendment Regulations 2007 be approved. 3. Subordinate legislation: Allan Wilson MSP, Deputy Minister for Enterprise and Lifelong Learning, to move S2M-5624— That the Enterprise and Culture Committee recommends that the draft Renewables Obligation (Scotland) Order 2007 be approved.
Stephen Imrie Clerk to the Committee Tel. 0131 348 5207 enterprise.committee@scottish.parliament.uk **********
EC/S2/07/5/A
The following meeting papers are enclosed— Agenda Item 1 SSI Cover Note – SSI 2007/draft Agenda Item 2 SSI Cover Note – SSI 2007/draft Agenda Item 3 SSI Cover Note – SSI 2007/draft Papers circulated for information only Clerk’s Bulletin, No 5 (2007) EC/S2/07/5/3 EC/S2/07/5/2 EC/S2/07/5/1
EC/S2/07/5/1 ENTERPRISE AND CULTURE COMMITTEE SSI Cover Note SSI title and Number: The Fundable Bodies (Scotland) Order 2007, (SSI 2007/draft)
Type of Instrument: Date Laid Committee Meeting: Date circulated to members: Enterprise and Culture Committee deadline to consider SSI: Purpose of the instrument
Affirmative – Standing Orders Rule 10.6.1(a) Thursday 15 February 2007 Wednesday 7 March 2007 Thursday 1 March 2007
Monday 19 March 2007
The purpose of the Order is set out in the Explanatory Note (page 3) and the Executive Note (page 4). Note this instrument was originally laid on the 2nd February 2007 but was subsequently withdrawn. Allan Wilson MSP, Deputy Minister for Enterprise and Lifelong Learning
Minister to attend the Enterprise and Culture Committee: SSI drawn to Parliament’s attention by the Subordinate Legislation Committee:
The Subordinate Legislation Committee (SLC) considered the original instrument on 13 February 2007 and agreed to write to the Executive to raise some minor points relating to the fact that the draft order fails to specify a commencement date and also fails to give any indication of the content of schedule 2 and the definition of "fundable body". The instrument was subsequently withdrawn and re-laid and the re-laid instrument was considered by the SLC on 20 February 2007. No further points were raised.
Affirmative Instrument – Procedure 1. The Enterprise and Culture Committee has been designated the lead committee and is required to report to the Parliament by 19 March 2007. 2. The draft order was laid on 15 February 2007. Under Rule 10.6.1(a), the order is subject to affirmative resolution before it can be made and
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EC/S2/07/5/1 it is for the Enterprise and Culture Committee to recommend to the Parliament whether the order should be approved. 3. The purpose of the instrument is to remove and amend the names of institutions in Schedule 2 of the Further and Higher Education (Scotland) Act 2005 following mergers of a number of colleges as well as a change of name of a college and a university. This instrument was originally laid on the 2nd February 2007 but was subsequently withdrawn. 4. Allan Wilson MSP, Deputy Minister for Enterprise and Lifelong Learning, has, by motion S2M-5559 (set out in the agenda), proposed that the Committee recommend the approval of the order. The minister will attend in order to speak to and move the motion. The debate can last for up to a maximum of 90 minutes. 5. At the end of the debate, the Committee must decide whether or not to agree the motion and report to the Parliament accordingly. Such a report needs only to consist of a short statement of the Committee’s recommendations. 6. The Subordinate Legislation Committee considered the original instrument on the 13 February 2007 and agreed to write to the Executive to raise some minor points relating to the fact that the draft order fails to specify a commencement date and also fails to give any indication of the content of schedule 2 and the definition of "fundable body". The instrument was subsequently withdrawn and re-laid and the re-laid instrument was considered by the SLC on 20 February 2007. No further points were raised. Stephen Imrie Clerk to the Committee
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EC/S2/07/5/2 ENTERPRISE AND CULTURE COMMITTEE SSI Cover Note SSI title and Number: The Debt Arrangement Scheme (Scotland) Amendment Regulations 2007, (SSI 2007/draft) Affirmative – Standing Orders Rule 10.6.1(a) Friday 9 February 2007 Wednesday 7 March 2007 Thursday 1 March 2007
Type of Instrument: Date Laid Committee Meeting: Date circulated to members: Enterprise and Culture Committee deadline to consider SSI: Purpose of the instrument
Monday 12 March 2007
The purpose of the Order is set out in the Explanatory Note (page 3) and the Executive Note (pages 4-6). Allan Wilson MSP, Deputy Minister for Enterprise and Lifelong Learning
Minister to attend the Enterprise and Culture Committee: SSI drawn to Parliament’s attention by the Subordinate Legislation Committee:
The Subordinate Legislation Committee (SLC) considered this instrument on 20 February 2007 and agreed that no substantive points arose on the regulations, but there were minor points that could be raised informally with the Executive.
Affirmative Instrument – Procedure 1. The Enterprise and Culture Committee has been designated the lead committee and is required to report to the Parliament by 12 March 2007. 2. The draft order was laid on 9 February 2007. Under Rule 10.6.1(a), the order is subject to affirmative resolution before it can be made and it is for the Enterprise and Culture Committee to recommend to the Parliament whether the order should be approved. 3. The purpose of the instrument is to deal with the effect of interest and charges continuing to accrue during debt payment programmes. 4. Allan Wilson MSP, Deputy Minister for Enterprise and Lifelong Learning, has, by motion S2M-5654 (set out in the agenda), proposed that the Committee recommend the approval of the order. The minister 1
EC/S2/07/5/2 will attend in order to speak to and move the motion. The debate can last for up to a maximum of 90 minutes. 5. At the end of the debate, the Committee must decide whether or not to agree the motion and report to the Parliament accordingly. Such a report needs only to consist of a short statement of the Committee’s recommendations. 6. The Subordinate Legislation Committee considered this instrument on the 20 February 2007 and agreed that no substantive points arose on the regulations, but there were minor points that could be raised informally with the Executive. 7. Citizens Advice Scotland has sent the clerks a briefing on this instrument which is attached as Annex A. Stephen Imrie Clerk to the Committee
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EC/S2/07/5/2 Annex A Debt Arrangement Scheme (Scotland) Amendment Regulations 2007 28th February 2007 Citizens Advice Scotland welcomes the provisions to introduce freezing of interest for debt payment programmes. We are concerned however, that composition of debts is also required in order to make the scheme accessible to those with a high debt to income ratio, as an alternative to bankruptcy. Citizens Advice Scotland has been involved in the development of a debt arrangement scheme for over fourteen years, from seeking an amendment to the Bankruptcy (Scotland) Act 1993, through campaigning on the Abolition of Poindings and Warrant Sales Act 2000, and the Debt Arrangement and Attachment Scotland Act 2002. Throughout this time we have called for a scheme that incorporates both freezing of interest and composition of debts. Debtors on lower incomes who have some disposable income (i.e. who cannot pay their debt back within a reasonable period of time but are not low income low assets clients), cannot access DAS at present and their only alternative is to wait for creditors to take court action so they can access bankruptcy. This is worse for the debtor since it has serious consequences and worse for the creditor since they receive far less money than they would through DAS. Freezing of interest is a significant change to the scheme and as such is very much welcomed by the CAB service. Without composition of debts, however, there will still be a significant gap in the clients who can access the scheme, as the following scenario illustrates: The average CAB client debt in 2004 was £13,380, with an average net monthly household income of £801. If interest was frozen as proposed but without composition of debts the client would need disposable income of £111.50 a month to repay the debt in full over a ten year period – unlikely on such low incomes. A client with, for example, disposable income of £50 a month would therefore not be eligible. Composition is therefore crucial to allow debtors to make substantial repayments free from the threat of enforcement, as an alternative to sequestration. CAS therefore seeks the following reassurances: • that monitoring of DAS will include information on the age, tenure, income and debt level of clients accessing the scheme • that research is carried out to determine the scale and nature of those unable to access DAS as amended • that composition of debts will be introduced in later regulations if the monitoring and research confirms the gap in provision that we assert With regards to fee charging for DAS, we remain concerned at the regulation which removes the requirement to inform debtors of the availability of free money advice. We would have preferred that the requirement was simplified 3
EC/S2/07/5/2 rather than abolished so that debtors know they do not have to pay for this service. We also ask that non statutory guidance is issued on the level of fees that can be charged and that monitoring of the fees levied is incorporated into DAS monitoring. David McNeish Parliamentary and Policy Officer Citizens Advice Scotland
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EC/S2/07/5/3 ENTERPRISE AND CULTURE COMMITTEE SSI Cover Note SSI title and Number: The Renewables Obligation (Scotland) Order 2007, (SSI 2007/draft)
Type of Instrument: Date Laid Committee Meeting: Date circulated to members: Enterprise and Culture Committee deadline to consider SSI: Purpose of the instrument
Affirmative – Standing Orders Rule 10.6.1(a) Friday 9 February 2007 Wednesday 7 March 2007 Thursday 1 March 2007
Monday 12 March 2007
The purpose of the Order is set out in the Explanatory Note (pages 45-47) and the Executive Note (pages 48-49). Allan Wilson MSP, Deputy Minister for Enterprise and Lifelong Learning
Minister to attend the Enterprise and Culture Committee: SSI drawn to Parliament’s attention by the Subordinate Legislation Committee:
The Subordinate Legislation Committee (SLC) considered this instrument on 20 February 2007 and asked the Executive to explain the reference to "subparagraph (c)" in article 24(4)(b), as such a subparagraph does not exist. In its response the Executive acknowledges that the reference to subparagraph (c) was erroneous, but that the words do not have any legal effect. The SLC draws this instrument to the attention of the lead committee and the Parliament on the grounds of the defective drafting of article 24(4)(b) as acknowledged by the Executive.
Affirmative Instrument – Procedure 1. The Enterprise and Culture Committee has been designated the lead committee and is required to report to the Parliament by 12 March 2007. 2. The draft order was laid on 9 February 2007. Under Rule 10.6.1(a), the order is subject to affirmative resolution before it can be made and it is
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EC/S2/07/5/3 for the Enterprise and Culture Committee to recommend to the Parliament whether the order should be approved. 3. The purpose of the instrument is to simplify some of the processes which participants in the Renewable Obligation (Scotland) currently have to follow and to extend the financial benefits available to some generators. 4. Allan Wilson MSP, Deputy Minister for Enterprise and Lifelong Learning, has, by motion S2M-5624 (set out in the agenda), proposed that the Committee recommend the approval of the order. The minister will attend in order to speak to and move the motion. The debate can last for up to a maximum of 90 minutes. 5. At the end of the debate, the Committee must decide whether or not to agree the motion and report to the Parliament accordingly. Such a report needs only to consist of a short statement of the Committee’s recommendations. 6. The Subordinate Legislation Committee considered this instrument on the 20 February 2007 and asked the Executive to explain the reference to "subparagraph (c)" in article 24(4)(b), as such a subparagraph does not exist. In its response the Executive acknowledges that the reference to subparagraph (c) was erroneous, but that the words do not have any legal effect. The SLC draws this instrument to the attention of the lead committee and the Parliament on the grounds of the defective drafting of article 24(4)(b) as acknowledged by the Executive. Stephen Imrie Clerk to the Committee
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