Official Report


  • Delegated Powers and Law Reform Committee 24 March 2020 [Draft]    
    • Attendance


      *Bill Bowman (North East Scotland) (Con)

      Deputy convener

      *Stuart McMillan (Greenock and Inverclyde) (SNP)

      Committee members

      Mary Fee (West Scotland) (Lab)
      *Gordon Lindhurst (Lothian) (Con)
      Gil Paterson (Clydebank and Milngavie) (SNP)


      The following also participated:

      Gordon MacDonald (Edinburgh Pentlands) (SNP) (Committee Substitute)

      Clerk to the committee

      Andrew Proudfoot


      Committee Room 5


    • Interests
      • The Convener (Bill Bowman):

        Good morning. I welcome everyone to the 11th meeting in 2020 of the Delegated Powers and Law Reform Committee. We have received apologies from two of our members—Mary Fee and Gil Paterson.

        Under agenda item 1, in accordance with section 3 of the “Code of Conduct for Members of the Scottish Parliament”, I invite Gordon MacDonald to declare any interests that are relevant to the committee’s remit.

      • Gordon MacDonald (Edinburgh Pentlands) (SNP):

        Thank you, convener. The only thing that I have to mention, which relates to the Scottish statutory instrument on the deposit and return scheme, is that I am the convener of the cross-party group on independent convenience stores.

      • The Convener:

        That is noted—thank you.

    • Decision on Taking Business in Private
      • The Convener:

        Under agenda item 2, it is proposed that the committee takes item 6 in private, as that will involve the committee consulting with its legal advisers. Item 6 is consideration of the Scottish Government’s legislative consent memorandum on the Coronavirus Bill that is before the United Kingdom Parliament. The committee will consider the bill only in relation to the powers to make subordinate legislation that are being delegated to the Scottish ministers.

        Given the speed with which the bill is being considered at Westminster, there will be a debate on the LCM in the chamber this afternoon. As the committee will not have time to formally report on its scrutiny of the LCM, I propose that, as convener, I report on the committee’s discussion during the debate.

        Does the committee agree to take item 6 in private?

        Members indicated agreement.

      • The Convener:

        Is the committee content for me to speak in this afternoon’s debate to highlight any comments that the committee might wish to make on the relevant delegated powers in the bill?

        Members indicated agreement.

    • Instruments subject to Affirmative Procedure
      • The Convener:

        Agenda item 3 is consideration of four draft affirmative instruments, on which no points have been raised.

      • Deposit and Return Scheme for Scotland Regulations 2020 [Draft]
      • Fuel Poverty (Targets, Definition and Strategy) (Scotland) Act 2019 (Scottish Fuel Poverty Advisory Panel and Consequential Amendments) Regulations 2020 [Draft]
      • Environmental Regulation (Enforcement Measures) (Scotland) Amendment Order 2020 [Draft]
      • Local Government Finance (Scotland) Order 2020 [Draft]
        • The Convener:

          Is the committee content with the instruments?

          Members indicated agreement.

    • Instrument subject to Negative Procedure
      • UEFA European Championship (Scotland) Act 2020 (Compensation for Enforcement Action) (Scotland) Regulations 2020 (SSI 2020/79)
        • The Convener:

          Agenda item 4 is consideration of a negative instrument, on which no points have been raised. Is the committee content with the instrument?

          Members indicated agreement.

    • Instruments not subject to Parliamentary Procedure
      • The Convener:

        Agenda item 5 is consideration of three instruments that are not subject to any parliamentary procedure, on which no points have been raised.

      • Age of Criminal Responsibility (Scotland) Act 2019 (Commencement No 2) Regulations 2020 (SSI 2020/74 (C 7))
      • Social Security (Scotland) Act 2018 (Commencement No 6) Regulations 2020 (SSI 2020/75 (C 8))
      • Scottish Crown Estate Act 2019 (Commencement No 2 and Saving Provisions) Regulations 2020 (SSI 2020/77 (C 9))
        • The Convener:

          Is the committee content with the instruments?

          Members indicated agreement.

          11:03 Meeting continued in private until 11:31.