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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 28 June 2025
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Displaying 908 contributions

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Delegated Powers and Law Reform Committee

Interests

Meeting date: 27 September 2022

Bill Kidd

Welcome to the 24th meeting in 2022 of the Delegated Powers and Law Reform Committee. We have received apologies from Stuart McMillan MSP. I welcome Jenni Minto MSP as a substitute. Thank you very much for being here and contributing, Jenni.

The first item of business is a declaration of interests. In accordance with section 3 of the “Code of Conduct for Members of the Scottish Parliament”, I invite Oliver Mundell MSP to declare any interests that are relevant to the remit of the committee.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 27 September 2022

Bill Kidd

Thank you, Mr Mundell, and welcome to the committee. It is good to have you here.

On behalf of the committee, I thank Graham Simpson MSP for his time with us. As both a member and convener of the committee over a number of years, Graham recognised the importance of delegated powers, and he was passionate about the need for their proper scrutiny. We all wish him well in his new role.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 19 April 2022

Bill Kidd

The committee’s next meeting will take place on Tuesday 26 April.

Meeting closed at 10:08.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 April 2022

Bill Kidd

As noted under item 1, the regulations make exemptions from some official controls for certain animal and plant products being imported into Scotland from Northern Ireland and the Republic of Ireland. The intended effect of regulation 2 is to exempt imports of certain animal-origin goods that are produced in Northern Ireland and the Republic of Ireland from a pre-notification requirement to the border control authority.

In correspondence with the Scottish Government, the committee asked whether the absence of a reference in regulation 2 to the Republic of Ireland was intentional, given that related provisions refer to both Northern Ireland and the Republic of Ireland. The Scottish Government confirmed that that is a drafting error and that reference to the Republic of Ireland should have been included. The Scottish Government has committed to rectifying the error by making a further amendment in a Scottish statutory instrument that will be laid in the Scottish Parliament at the next available opportunity.

Does the committee wish to draw the instrument to the Parliament’s attention on reporting ground (i), as its drafting appears to be defective due to the error in regulation 2?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 April 2022

Bill Kidd

Issues have also been raised on the following two instruments, which are made under the Local Government Finance Act 1992.

Delegated Powers and Law Reform Committee

European Union (Withdrawal) Act 2018: Instrument Procedure and Category

Meeting date: 19 April 2022

Bill Kidd

The instrument makes exemptions from some official controls for certain animal and plant products being imported into Scotland from Northern Ireland and the Republic of Ireland. The instrument has been laid under the negative procedure and is considered by the Scottish Government to be of low significance.

In correspondence with the Scottish Government, the committee asked whether the Government agreed that a choice of procedure was available and if so, for further explanation as to its choice of the negative procedure. The Scottish Government confirmed that there was a choice of procedure and that the negative procedure was considered appropriate, due to the limited impact of the amendments made by the instrument, which will apply for a limited time.

Is the committee content that the appropriate scrutiny procedure and categorisation have been applied to the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Made Affirmative Procedure

Meeting date: 19 April 2022

Bill Kidd

Under agenda item 2, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Made Affirmative Procedure

Meeting date: 19 April 2022

Bill Kidd

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 April 2022

Bill Kidd

Under agenda item 3, we are considering four instruments. Issues have been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 April 2022

Bill Kidd

At the same time, does the committee wish to note the Scottish Government’s commitment to rectify the error by making a further amendment in an SSI that will be laid in the Scottish Parliament at the next available opportunity?

Members indicated agreement.