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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 5 May 2021
  6. Current session: 12 May 2021 to 25 June 2025
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Displaying 908 contributions

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Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Thank you for that, because that is exactly what I was going to ask you about. Given that it is five years since the report was produced, is everything in the report as up to date as it could be?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

We are talking about regulations and the legal system. Paragraph 23 of schedule 2 provides that, when a regulator has acted or failed to act in a way that has had, or could have, an adverse impact on the observance of any of the regulatory objectives, and the matter cannot be addressed adequately by ministers taking measures such as setting performance targets or imposing a financial penalty, the Scottish ministers may make regulations to change or remove some or all of the functions of the regulator. The idea is that there would be additional requirements for the regulations, including the need to share them with consultees or lay them in draft before the Scottish Parliament. Do you have any reflections on the delegation of that power? Do you have any concerns about it? The super-affirmative procedure was mentioned earlier. How do you see that working or not working in relation to the exercise of that power?

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 3 October 2023

Bill Kidd

Is the committee content with the instruments?

Members indicated agreement.

10:06 Meeting continued in private until 10:31.  

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 3 October 2023

Bill Kidd

Under agenda item 2, we are considering two instruments subject to the affirmative procedure. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 3 October 2023

Bill Kidd

Under agenda item 3, we are considering two instruments subject to the negative procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 3 October 2023

Bill Kidd

Also under this agenda item, no points have been raised on the following instrument.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 3 October 2023

Bill Kidd

Welcome to the 27th meeting in 2023 of the Delegated Powers and Law Reform Committee. We have received apologies from our convener, Stuart McMillan MSP. In his place, I welcome Rona Mackay MSP.

Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent.

The first item of business is to decide whether to take items 4, 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 3 October 2023

Bill Kidd

The instrument relates to a new medium secure mental health hospital, which is due to open in January 2024—the national secure adolescent in-patient service in Foxgrove. It will be a hospital for children and young people aged 12 to 17 inclusive.

In correspondence with the Scottish Government, which has been published alongside the agenda for this meeting, the committee asked for more information on whether consideration had been given to the appropriateness of applying to under-18s, without modification, a set of conditions for the right of appeal against being held in excessive security, when those conditions appeared to have been designed with adults in mind. Having considered the Scottish Government’s response, the committee is satisfied that due consideration has been given to the matter.

The committee also highlighted that the title of the instrument appears unusual, particularly the use of a colon, and asked the Scottish Government whether that is in line with current standard drafting practice. In its response, the Scottish Government stated that the use of the colon is a suitable choice, because it links the two sections of connected text. Nevertheless, the committee considers that consistency in the naming conventions for instruments is desirable. The committee considers that it is unusual to use a colon in the title of the instrument and that this should be discouraged. The committee considers that it would have been more usual to have brackets around the term “Miscellaneous Amendments”.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in that the title is not in line with standard drafting practice?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 3 October 2023

Bill Kidd

Does the committee also wish to draw its correspondence with the Scottish Government to the attention of the Health, Social Care and Sport Committee, for its information, in relation to the additional material that the Scottish Government provided in its response to the committee’s first question?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 3 October 2023

Bill Kidd

Is the committee content with the instrument?

Members indicated agreement.