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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 6 September 2025
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Displaying 917 contributions

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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

Instruments subject to Made Affirmative Procedure

Meeting date: 11 January 2022

Craig Hoy

[Inaudible.] I do not want to rehearse the discussion that we have just had with the Deputy First Minister, but I agree with Graham Simpson and Paul Sweeney that the instruments, and the regulations that they bring into effect, would have benefited from scrutiny so that some of the negative unintended consequences would not have occurred.

The justification for bringing in the regulations through the made affirmative route is that, in some cases, the regulations had to be implemented the very next day. However, again, we did not have the justification from the Government for why it had to be the next day and not the next week or 10 days later. On that basis, and given that Parliament was sitting when the regulations were first laid, I support the suggestion from Graham Simpson, and perhaps Paul Sweeney, that the affirmative route would have been the better one to use in the circumstances.

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

Good morning, Deputy First Minister. I welcome you and your officials.

If we can step back from the pandemic for a moment and think in slightly more abstract terms, do you think that the increased use of skeleton legislation and the widespread and now relatively common use of delegated powers within that 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

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?

Public Audit Committee

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

Meeting date: 16 December 2021

Craig Hoy

Thank you. Mr Brannen, it would be good to get your view, from a sponsoring and oversight perspective, on the action that has now been taken through the framework agreement, in terms of training and so on. Will that be sufficient to rebuild trust in the commission and to rebuild trust in the relationships between the various parties involved?

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

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

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.