SNP 'trying to usurp parliament' over public services

Published on Tuesday 27 October 2009 21:30

LABOUR has accused the Scottish Government of trying to "usurp" the role of parliament by launching legislation that will affect a range of public bodies.

The charge was made by Labour MSP David Whitton during a meeting of Holyrood's finance committee.

MSPs questioned finance secretary John Swinney about the Public Services Reform Bill, which has been criticised by a range of bodies, such as the Law Society for Scotland, because of the powers it would give ministers.

The bill would scrap some bodies, including the Scottish Records Advisory Council, and change others, such as transferring the Deer Commission's functions to Scottish Natural Heritage. It would also create culture quango Creative Scotland.

Mr Whitton referred to the bill's provisions for giving ministerial order-making powers, and told Mr Swinney: "You seem to be trying to usurp the parliamentary process. All this power coming to ministers, just so you can get on with things?"

But Mr Swinney insisted the legislation was necessary to clear up Scotland's cluttered public sector landscape.

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 says the new order-making powers will tilt the balance of power in favour of ministers. This criticism has been echoed by some organisations who say they were originally set up to hold ministers to account.

But Mr Swinney dismissed the lawyers' argument, saying: "I have heard the argument advanced that sometimes the legal profession like to have ever more legislation, just to make the legislative and statutory position of the country more complex.

"I'm in the business of simplifying all that.

"I just cannot understand how any objective analysis of this would suggest that ministers are getting more powers here. If anything is happening here, parliament is being put, as parliament probably should be, in the decision-making role in relation to any changes that are made."

However, the minister said was "perfectly prepared" to consider procedural changes to the order-making process recommended by MSPs.