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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 9 November 2025
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Displaying 2809 contributions

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Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

I am actually looking for a ruler against which you can measure a bill and its provisions that allow UK ministers to exercise legal rights in devolved areas.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

Right. Can I come back to my question? Your answer comes from a Government perspective, but you are the Minister for Parliamentary Business, and I was asking how the Scottish Parliament might scrutinise these things. Do you have a view on that? How might we scrutinise UK ministers’ proposals to exercise powers conferred on them by UK bills that have had the consent of the Scottish Government and the Scottish Parliament?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

It actually happens more often than you might credit.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 21 June 2022

Stephen Kerr

I have no relevant interests to declare in relation to the work of the committee.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

At one time, the made affirmative procedure was a rare occurrence in the Parliament. Obviously, during the pandemic, it has been used much more frequently to bring regulations into being. What is the Government’s position on the use of that procedure? What is the current thinking on when and how it should be used, if ever?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

You said that you are not directly involved in discussions with the UK Government on the contents of, or the methodology that will be applied in, the proposed EU retained law bill. Does that exclude the possibility that other parts of the Scottish Government might be talking to their UK Government counterparts in order to assess what the bill would mean?

10:00  

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

Of course, we would allow for the margin of human error that you describe, and I applaud you for quoting Harold Macmillan.

However, for the benefit of the subject committees, would it be possible to provide greater detail on where those SSIs fall?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

It is just that when a certain practice becomes common, it can be an easy, go-to way of working. I am looking for an assurance that the Government still regards the made affirmative procedure as a rare way of bringing regulations into being.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

Thank you.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

Yes, we are all for plain English, that is for sure.

Of course, I was not a member during the last parliamentary session but, in session 5, your predecessor habitually and rather helpfully wrote to subject committees to indicate the volume of SSIs that they could anticipate heading in that committee’s direction. However, that practice appears to have ended. What was the reason for the discontinuation of that practice? Is it something that could be revived?