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 1810 contributions
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 30 March 2023
Sarah Boyack
That is really interesting. Thank you very much.
Meeting of the Parliament
Meeting date: 29 March 2023
Sarah Boyack
To ask the Scottish Government what assessment it has made of the potential reduction in taxation revenue from the land and buildings transaction taxation: green freeports relief proposals, which were published for consultation on 17 March 2023. (S6O-02077)
Meeting of the Parliament
Meeting date: 29 March 2023
Sarah Boyack
The minister might be aware that there is a concern from trade unions that the proposal risks a race to the bottom on workers’ rights and tax. Therefore, can the minister provide an assurance that workers in Leith and around the Forth will not have any of their rights weakened? Can he confirm whether all employers in Scottish green freeports who receive public funding or tax incentives will be required to recognise trade unions?
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 23 March 2023
Sarah Boyack
That is really helpful. The “not normally” issue has definitely come up in a lot of evidence, and your idea about a more explicit set of exceptions is interesting. Of course, the intergovernmental negotiation is interesting, as long as you have a degree of interparliamentary involvement, accountability or transparency. There is also the issue of stakeholders, which we discussed in relation to the retained EU law issues.
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 23 March 2023
Sarah Boyack
I want to go back to your recommendation and the process by which it could be achieved. Do you see legislation being passed by the UK Parliament to enact the principles that you identify in the paragraph that I referred to, such as
“a principle of subsidiarity, clarification of the extent of plenary legislative competence”?
You recommend the adoption of a principled approach and a set of “principles of union”, to clarify that devolved Parliaments would have competence. That would mean that, when courts considered the matter, there would be a piece of legislation that framed that arrangement and updated the devolution principles. In addition to the Scotland Act 1998, there would be a piece of legislation that the courts would consider that would apply across the piece—it would apply to Wales and Northern Ireland as well—which would have been passed by the UK Parliament and supported by the other devolved Parliaments.
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 23 March 2023
Sarah Boyack
Professor McHarg, you mentioned that the Brown commission is proposing a statutory restatement of the Sewel convention and that the Scottish Government is proposing statutory reform. You also mentioned other statutory changes that could be brought in. Interestingly, you stated:
“the application of UK legislation to devolved matters would have to be explicit; and failure to seek consent would be evidence that the relevant provisions were not intended to apply in devolved areas.”
Strengthening that principle and putting it in statute is a really interesting way in which to go. We have had past agreement on the need to update the devolution settlement. That was a very helpful comment about how, practically, you could strengthen the devolution settlement alongside strengthening the Sewel convention.
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 23 March 2023
Sarah Boyack
I thank Professor McHarg for the paper that she sent us, which is really helpful. It goes into detail and made me think beyond the headlines. There are a couple of interesting issues that I would like to explore about reforming the devolution statutes, to follow on from Donald Cameron’s questions. This is prompted partly because we had the Saxon State Parliament constitution committee with us this week. It has a legal constitution but with an intergovernmental framework, a mediation committee and horizontal devolution. It was interesting to see its framework.
Looking at your suggestion about having
“a fuller set of principles to guide the interpretation of limits on devolved competence”,
I note that you say that there are arguments for and against. I was interested in your suggestions that could potentially add clarity: the principle of subsidiarity; clarification of the extent of primary legislative competence under reserved powers; and principles of union. You said that it could go the other way but, when we pass legislation, there is a policy memorandum, and what ministers say in the Parliament can be interpreted by judges. Is there something about being really clear about the intent of devolution to reinforce the importance of devolution, given the experiences that we have had post-Brexit?
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 23 March 2023
Sarah Boyack
I was going to come back on the same issue.
Constitution, Europe, External Affairs and Culture Committee
Meeting date: 23 March 2023
Sarah Boyack
Thank you. I might want to come back in later, but it is over to you, convener.
Meeting of the Parliament
Meeting date: 22 March 2023
Sarah Boyack
Given the very worrying briefing from the chief constable, which says that, as a result of this year’s budget, hard choices will have to be made and change will be needed, can the cabinet secretary tell my constituents what he will do, not just to protect the vital work of our police in our communities in Edinburgh and the Lothians, but to address the particular challenge of policing our capital city? Does he accept that we need additional police to tackle crime and keep people safe right across the city?