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 2526 contributions
Delegated Powers and Law Reform Committee
Meeting date: 27 June 2023
Stuart McMillan
Welcome to the 22nd meeting in 2023 of the Delegated Powers and Law Reform Committee. We have received apologies from Jeremy Balfour MSP. I remind everyone present to switch their mobile phones to silent.
The first item of business is to decide whether to take items 5 to 8 in private. Is the committee content to take those items in private?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 27 June 2023
Stuart McMillan
Is the committee content with the instruments?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 27 June 2023
Stuart McMillan
Does the committee wish to note that the Scottish Government has undertaken to rectify the duplication at the next suitable legislative opportunity?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 27 June 2023
Stuart McMillan
Also under this agenda item, no points have been raised on the following instruments.
Delegated Powers and Law Reform Committee
Meeting date: 27 June 2023
Stuart McMillan
Is the committee content with the instruments?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 27 June 2023
Stuart McMillan
Under agenda item 3, we are considering instruments subject to the negative procedure. An issue has been raised on the following instrument.
Delegated Powers and Law Reform Committee
Meeting date: 27 June 2023
Stuart McMillan
The instrument makes various amendments to legal aid fees and eligibility in Scotland. The committee identified errors inserted by the instrument into schedule 2 to the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 in relation to chapter 1 of part 3 of the table of fees. In new paragraph 3(cb)(i), the reference to paragraph 1AA(d) should be to 1AA(e). In new paragraph 3(cb)(iii), the reference to paragraph 1AA(e) should be to 1AA(f). Those references are all in relation to chapter 1 of part 3 of the table of fees.
The Scottish Government has confirmed that those are cross-referencing errors and has undertaken to rectify them by correction slip, or at the next suitable legislative opportunity.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, for those cross-referencing errors?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 27 June 2023
Stuart McMillan
At the same time, does the committee wish to note that the Scottish Government has undertaken to correct the errors by correction slip, or at the next suitable legislative opportunity?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 27 June 2023
Stuart McMillan
That concludes the public part of the meeting.
10:05 Meeting continued in private until 10:29.Delegated Powers and Law Reform Committee
Meeting date: 27 June 2023
Stuart McMillan
The committee also identified an apparent error introduced by the instrument into the same schedule to the 1989 regulations by substituting the word “accused” for “expert” in paragraph 16A(1)(b), which results in heads (b) and (d) of the paragraph being identical. The Scottish Government has undertaken to rectify the duplication at the next suitable legislative opportunity.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), in that the meaning could be clearer and in relation to that duplication, as it could raise doubt in the mind of the reader as to what the provision is intended to say?
Members indicated agreement.