The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 3402 contributions
Delegated Powers and Law Reform Committee
Meeting date: 21 June 2022
Stephen Kerr
I presume that the Scottish ministers have a template for the sort of questions that you have alluded to. Can you give us more detail on what such considerations are about? When a bill is introduced in the UK Parliament that confers delegated powers in devolved areas on UK ministers, is there a checklist—a set of criteria or questions—to which you refer in looking to see whether, ultimately, you can recommend a legislative consent motion to the Scottish Parliament for that piece of legislation? Could you talk us through that in a bit more detail?
Delegated Powers and Law Reform Committee
Meeting date: 21 June 2022
Stephen Kerr
There are UK bills that give UK ministers delegated powers that they can use without reference to the Scottish ministers or that fall outwith the scope of SI protocol 2. There are a couple of issues on which I would be very interested to hear the minister’s views. How might the Scottish Parliament scrutinise proposals by UK ministers to exercise those powers, as well as the Scottish ministers’ position on those proposals?
Delegated Powers and Law Reform Committee
Meeting date: 21 June 2022
Stephen Kerr
I am not asking you to copy and paste anything, but I am—
Delegated Powers and Law Reform Committee
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
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
Meeting date: 21 June 2022
Stephen Kerr
It actually happens more often than you might credit.
Delegated Powers and Law Reform Committee
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
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
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?
10:00Delegated Powers and Law Reform Committee
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?