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
Absolutely. We have heard evidence from witnesses that it might be appropriate to have some form of guidance in place to say when it would be suitable and acceptable to use Henry VIII powers—which is what we are calling them just now—regardless of the name. Would that be helpful to the Government? If so, that is great, but if not, why not?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
The committee has heard substantial evidence from witnesses that framework legislation is being used more frequently. What is your view on that? If we are using it more frequently, why is that?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
You say that there is no evidence of framework legislation happening more frequently, but we are getting a lot of information that says that it is. On what basis are you making that judgment? To turn that around, what evidence is there to say that it is not happening more frequently?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
I was just interested to hear on what basis you came to that conclusion.
Some witnesses suggested that guidance on framework legislation should be put in place. We have highlighted that there is no definition, and you have come back on that. Should there be guidance from the legislature to the executive on when framework legislation may be appropriately introduced? Would any guidance that we put forward be a sort of halfway house, so to speak?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Roz McCall
You say that it would be an unhelpful process, but equally, your evidence just highlighted the fact that what started off as a non-framework bill ended up with additional secondary legislation-making powers by the end of the bill process. We do not have that definition and, because it is not there, the process is such that bills morph all the time and can become what could be seen as framework bills as they go through the process.
You say that putting guidance in place would not be helpful. I have a concern about that, which I will try to frame right way. If we took a view on whether legislation should be framework legislation, what would the Government’s view be on establishing principles to provide committees such as the DPLR Committee with clear means by which to assess and report on whether a bill is framework in nature, especially since they morph?
Delegated Powers and Law Reform Committee
Meeting date: 21 January 2025
Roz McCall
We are trying to drill down into what would be an effective form of scrutinising those powers. Are we saying, “We just don’t like them, so let’s not do it”? In your opinion, can we find a sensible, suitable way of scrutinising those powers and halting their use when need be?
Delegated Powers and Law Reform Committee
Meeting date: 21 January 2025
Roz McCall
Good morning, everybody. I would like to come back to you, Mr Gibson.
Delegated Powers and Law Reform Committee
Meeting date: 21 January 2025
Roz McCall
Hello again, everyone. I will come first to Mr Hedges with my first question about Henry VIII powers. Your committee’s submission made reference—which I am sure that you remember—to a suggestion to strengthen scrutiny on that,
“to require the Minister making them to consult with relevant stakeholders before making, or laying a draft of, a statutory instrument.”
That highlights to me the possibility that there could be other forms of scrutiny and that there should be a better way of scrutinising that Henry VIII power. What might be a required or appropriate scrutiny method for that form of legislation?
Delegated Powers and Law Reform Committee
Meeting date: 21 January 2025
Roz McCall
Mr Carson, in your submission, you refer to some bills in relation to Henry VIII powers, but not many. Do you have anything to add?
Delegated Powers and Law Reform Committee
Meeting date: 21 January 2025
Roz McCall
That is very helpful. Thank you.