Skip to main content

Language: English / Gàidhlig

Loading…

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.  

Filter your results Hide all filters

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 14 May 2025
Select which types of business to include


Select level of detail in results

Displaying 2097 contributions

|

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 13 December 2022

Stuart McMillan

Under agenda item 3, we are considering an instrument on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 13 December 2022

Stuart McMillan

Under agenda item 4, we are considering an instrument on which no points have been raised.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

Before I bring in the other witnesses, I will make a point regarding your first category. Certainly, it could be quite time consuming to pull something together in order to bring in emergency legislation. On the issue of capacity, which was raised earlier, as I asked Sir Jonathan, does the civil service actually have the capacity to look at all the legislation that is currently there? Dr Tucker indicated that officials would have to engage with all the legislation that is there. Given the short time that we have, there is a possibility that not every piece of legislation will be engaged with in order to make an active decision before a sunsetting happens or does not happen on each particular piece of legislation. I suggest that, given the capacity issue and the short timescale—notwithstanding the potential to extend the sunsetting—litigation could be a regular occurrence if businesses or trade sectors ended up being caught in something that was not fully considered beforehand.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

No problem.

I thank Sir Jonathan Jones, Dr Adam Tucker and Morag Ross KC for their extremely helpful evidence. The committee may follow up by letter any additional questions that stem from the meeting.

I suspend the meeting briefly to allow Morag Ross to leave the room and the other witnesses to leave BlueJeans.

11:17 Meeting suspended.  

11:20 On resuming—  

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 13 December 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 13 December 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

11:20 Meeting continued in private until 11:41.  

Delegated Powers and Law Reform Committee

Instrument subject to Made Affirmative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 6 December 2022

Stuart McMillan

Welcome to the 32nd meeting in 2022 of the Delegated Powers and Law Reform Committee. 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 item 6 in private. Is the committee content to do so?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 December 2022

Stuart McMillan

The instrument amends Commission Implementing Regulation (EU) 2019/1793. In correspondence with the Scottish Government, the committee highlighted the omission of reference to a consultation provision, article 144(7) of Regulation (EU) 2017/625, from both the preamble of the instrument and accompanying documents.

The Scottish Government explained that, although the instrument does not cite article 144(7) in the preamble, there has been satisfaction of the precondition of consultation in that provision and fulfilment of the wider corresponding consultation in article 9 of Regulation (EC) 178/2002. Further, the consultation was sent directly to interested parties that are likely to be affected, which in the Scottish Government’s view meets the precondition requirements of article 9 and article 144(7).

Does the committee wish to note that, in line with normal drafting practice, the instrument should have cited all statutory preconditions?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 December 2022

Stuart McMillan

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, for a failure to follow proper drafting practice?

Members indicated agreement.