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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 5 May 2021
  6. Current session: 12 May 2021 to 1 May 2025
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Displaying 788 contributions

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Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 11 January 2022

Craig Hoy

That was a major change with wide-reaching implications. You had obviously thought about it for a long time and you subsequently delayed the enforcement, so could we not rightly conclude that it was not an emergency?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 11 January 2022

Craig Hoy

I would challenge that by taking up Graham Simpson’s point that that could be perceived as an example of the Government getting into bad lawmaking habits and of legislation being published too late and without due scrutiny. The evidence from the Children and Young People’s Commissioner Scotland makes that point, saying that regulations are too often published too late and that

“it was not always clear that such short notice publication was necessary, or that it was not possible for parliamentary scrutiny to take place in advance.”

Is that not a fair criticism?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 11 January 2022

Craig Hoy

One concern is that we must take the Government’s word for it and take you at face value. I am not making a specific point about you; the same criticism has also been levelled at the UK Government for its increased use of the made affirmative procedure.

As an example, the Manchester travel ban came and went before Parliament could reject it, if Parliament had thought that the ban was not sound. It would be interesting to get your reflections on a remark from Lord Lisvane—you might know him from your time at Westminster—who is a former clerk of the House of Commons. In a recent House of Lords debate, he said that

“The real losers”

from the made affirmative process

“are ... citizens”

and business. He said:

“They and ... industry, our national institutions and civil society need to know how the law will be changed, to have the opportunity to comment and make representations, and to know how it will end up applying to them.”—[Official Report, House of Lords, 6 January 2022; Vol 817, c 780.]

If we think about the Manchester travel ban, is that a fair comment?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 11 January 2022

Craig Hoy

I have one final question. There is still an underlying concern that Government—in general, perhaps—has used Covid and the pandemic to do what Government often quite likes to do, which is to take decisions free from as much parliamentary scrutiny as it can be. Sir Jonathan Jones QC suggested to us that one solution could be for each and every piece of delegated law to be brought by the minister to the floor of Parliament for even brief consideration and debate. The debate could be for 10 or 15 minutes, given that a lot of it is relatively uncontentious. However, it would mean that that delegated legislation is questioned and subject to scrutiny. Would that not overcome the view that you have something to hide and are running from scrutiny in respect of certain regulations?

11:15  

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 11 January 2022

Craig Hoy

Just to pick up on that point, our committee finds that a lot of what comes before us is not necessarily contentious, but having that process of scrutiny reassures Parliament and the public that things are not going through that should be subject to a rigorous process of scrutiny.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 11 January 2022

Craig Hoy

The question is about skeleton legislation and the delegated legislation that stems from it. Do you think that the increased use of such legislation is consistent with the need for parliamentary scrutiny and accountability?

Public Audit Committee

Section 22 Report: “The 2020/21 audit of the Crofting Commission”

Meeting date: 16 December 2021

Craig Hoy

We seem to be putting quite a lot of store in the training that has been provided to date. How effective has that been in ensuring that staff know what their roles and responsibilities are? How will that be measured in future to ensure that we do not fall back into bad habits?

Public Audit Committee

Section 22 Report: “The 2020/21 audit of the Crofting Commission”

Meeting date: 16 December 2021

Craig Hoy

Good morning, Mr Brannen, Mr Kerr and Mr Scott.

At the outset, and for the record, I wonder whether you would like to give us a flavour of the Scottish Government’s views on why the leadership and governance arrangements at the commission broke down in 2020-21 after a period of apparent stability.

A fortnight ago, we heard from the chief executive and the board that they thought it was in large part because of the change in circumstances due to Covid, but I am not sure that we necessarily took much assurance from that that there was not a latent dysfunctionality. It would be good to get your impression of why those arrangements, in effect, broke down.

Public Audit Committee

Section 22 Report: “The 2020/21 audit of the Crofting Commission”

Meeting date: 16 December 2021

Craig Hoy

Like you, I am new—I am a new member of this committee. One of my early impressions is that, when the full glare of the spotlight from the Auditor General and the committee is on a body, we can get quite a quick turnaround in relation to certain practices—and, potentially, outcomes.

In the longer term, how do you perceive your role and the Scottish Government’s role in monitoring implementation of the audit recommendations, and how will you ensure that concerns are being addressed effectively, not just now but in the future?

Public Audit Committee

Section 22 Report: “The 2020/21 audit of the Crofting Commission”

Meeting date: 16 December 2021

Craig Hoy

How did the Scottish Government respond to the vote of no confidence? What were your views at the time on the reasons why the board decided to pass that vote of no confidence?