At its meeting on 24 May 2022, the Committee considered the delegated powers conferred on the Scottish Ministers in a UK Bill, the Online Safety Bill ("the Bill").

Paragraph 6 of Rule 9B.3 of Standing Orders provides that the Delegated Powers and Law Reform Committee may consider and report on whether proposed delegated powers in any Bill or other legislation should be expressed as a power to make secondary legislation.

The Bill is a UK Government Bill introduced in the House of Commons on 11 May 2022 by Nadine Dorries MP, the Secretary of State for Digital, Culture, Media and Sport. The Bill is currently at the Committee stage in the House of Commons.

The Bill imposes duties on user-to-user internet services which share user-generated content and search services in relation to three types of content:

• illegal content;

• content that is harmful to children; and

• content that is legal but harmful to adults.

A Legislative Consent Memorandum (“the LCM”) for the Bill was lodged by the Scottish Government on 31 March 2022.

The lead committee for the LCM is the Criminal Justice Committee.

There are two clauses in the Bill which confer delegated powers on the Scottish Ministers. The Committee determined that it did not need to draw the attention of the Parliament to these clauses:

• clause 175(3) – Scottish Ministers’ powers to amend list of descriptions of education and childcare for the purpose of exemption from requirements of the Bill; and

• clause 176(2) – Scottish Ministers’ powers to amend list of child sexual exploitation and abuse offences relevant to operation of ‘priority illegal content’