Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006

My Lords, I thank the Minister most warmly for the way in which he has introduced the measure and for the trouble that he has taken to include us in the thinking that has gone on behind it. The order to transfer functions to the Scottish Ministers piqued my curiosity because it contains a power to devolve Section 26 of the Fire Services Act 1947. The note attached to the Schedule says, as the Minister explained, that it concerns firefighters’ pensions. It was only on 22 March 2005 that we passed a Statutory Instrument devolving functions in regard to firefighters’ pensions, in so far as there were powers under the Fire and Rescue Services Act 2004. It is quite surprising to find ourselves back again so soon, trying to help the firefighters out with their pensions. Let us hope that the Minister can assure us that further legislation will not be required before the firefighters have their pensions properly adjusted and paid out. The chequered history of Section 26 of the Fire Services Act 1947 is well documented in the Schedule to this Statutory Instrument. That is what slightly puzzled me. The fact that firefighters’ pensions, unlike those for most of the rest of us in Scotland, were able to be devolved under Statutory Instrument 1999/1750 is fairly unique, according to the notes. But then, Section 26 was subject to repeal in the Fire and Rescue Services Act 2004. It would appear, from today’s business, that something is needed to re-instate the powers of the Scottish Executive in that matter. Firefighters’ pension arrangements in the rest of the UK appear to have been taken care of by Statutory Instrument 2004/2306. Perhaps that was carried out before the repeal of Section 26 of the Fire and Rescue Services Act 2004. Can secondary legislation really be founded on a section of an Act that already stands repealed, if Section 26 really has been repealed? The other measure is certainly welcome. As a Scottish farmer, I must declare an interest in any legislation to do with animal feedstuffs. Here, I support the Government’s intentions. We see here the wonders which emanate from complying with an agricultural policy common across Europe through a devolved legislature. British agriculture is, by and large, complying with much more stringent criteria on feeding stuffs than will be contained in the Veterinary Medicines Regulations 2005, as I understand them. The motive for this is perfectly simple: it is done in order to be accepted into the various quality assurance schemes for the production of agricultural and livestock products. These are demanded by all quality food outlets, and this should be seen as a commendable effort to comply with the housewife’s wishes. I am more than happy to welcome the measure.