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 452 contributions
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
Okay. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
Excellent. That is helpful.
What is your view on the scope of the powers being included in primary legislation? Specifically, has the scope of Henry VIII powers been widely used in recent times? We have heard evidence that there is a danger that having Henry VIII powers of particularly wide scope can become a bit of a habit and that those have been accepted in some instances. Do you recognise that?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
My last questions, which are a little subset on their own, are on Henry VIII powers. When is it considered appropriate to include a Henry VIII power?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
Another point that has come up is the idea of sunsetting Henry VIII powers, so that there would be a way of closing off a power that was not being utilised. What do you think of that suggestion?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
From the evidence that we are taking, the purpose would be to ensure effective scrutiny, and that would be—
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
Okay—accepted. Moving on, how do you think the use of framework legislation affects the balance of power between the executive and the legislature?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
Yes. Do you think that there is concern that the broad powers in some framework legislation could be used by future ministers in a way that was not envisaged when the legislation first came into force?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
I appreciate the example that you have given. I will delve a little bit, as the committee has taken evidence that suggests that the function of the power is more significant than its form—and I would probably add its name to that.
Should the legislature be concerned with Henry VIII powers just because they allow changes to be made to primary legislation by secondary legislation, or should we be more focused on the scope and significance of those changes?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
That is helpful. Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
I go back to the wonderful comments that I made earlier on guidance. Would guidance be helpful?