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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 22 October 2025
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Displaying 975 contributions

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Public Audit Committee

Section 22 Report: “The 2020/21 audit of NHS Highland”

Meeting date: 13 January 2022

Craig Hoy

Thank you.

You have almost read my mind in respect of the next question, but I will seek confirmation from you. You referred to the fact that the Scottish Government provided additional funding of £8.8 million, which was what would have been anticipated through brokerage. Will you confirm that and tell us why the Scottish Government provided the £8.8 million as additional funding, and not brokerage?

Public Audit Committee

Section 22 Report: “The 2020/21 audit of Bòrd na Gàidhlig”

Meeting date: 13 January 2022

Craig Hoy

On recruitment challenges, the first bullet point in the report highlights that

“The Bòrd has amended its policy regarding the recruitment of Gaelic speakers. A post will be advertised twice before the essential skill of Gaelic is reviewed.”

However, the board still includes a requirement for any new staff joining the organisation to commit to learning Gaelic if they are not already Gaelic speakers. That sounds to me to be a very reasonable approach. Do you know whether that has led to any tangible improvements in the board’s recruitment process?

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?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 11 January 2022

Craig Hoy

Could it not be argued that your somewhat intemperate and bad-tempered response to legitimate questions proves my point that you are not overly happy with parliamentary scrutiny at the moment?

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

Would you concede that it is unhealthy to go down the route of having very broad-brush legislation that, in effect, allows ministers to flesh out that law in regulation, free from the constraints of parliamentary scrutiny?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 11 January 2022

Craig Hoy

The inquiry is looking specifically at the use of the made affirmative procedure, although the committee has general concerns about the wider use of delegated legislation. The fundamental element of the made affirmative procedure is that scrutiny comes after a law is introduced and implemented. What made you determine that there was an emergency situation and that Covid passports would have to be introduced under the made affirmative procedure?

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?