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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 6 May 2025
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Displaying 2053 contributions

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Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

The Sea Fish (Conservation) Act 1967 allows the Scottish ministers to prohibit, by order, sea fishing in specified waters. The instrument reduces the size of the cod spawning closure areas in which fishing by any method is prohibited, within two areas of the Firth of Clyde, which are mapped in the schedule to the instrument. The aim is to protect cod in the Firth of Clyde from fishing mortality during the spawning period in a recognised spawning ground. The prohibition applies to British fishing boats from 14 February until 30 April during 2022 and 2023.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure are required to be laid at least 28 days before they come into force, not counting recess periods of more than four days. In correspondence with the Presiding Officer, the Scottish Government explained that it has recently reconsidered and reduced the extent of the areas for closure. As the cod closure begins on 14 February, it is necessary for the amendments to come into force on 12 February, which breaches the 28-day rule.

If members have no comments, does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in relation to its failure to lay the instrument in accordance with laying requirements under the 2010 act?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

I believe that Mr Sweeney would like to comment on SSI 2022/26.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument not subject to Parliamentary Procedure

Meeting date: 8 February 2022

Stuart McMillan

Under agenda item 4, we are considering an instrument subject to the laid only procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 8 February 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Decision on Taking Business in Private

Meeting date: 8 February 2022

Stuart McMillan

Welcome to the Delegated Powers and Law Reform Committee’s fifth meeting in 2022. Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent.

The first item of business is to decide whether to take item 5 in private. Is the committee content to take that item in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirement?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

Finally under this agenda item, no points have been raised on the following instruments.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

Is it okay with members if, in the report that we produce on the instrument, we notify the lead committee of the points that have been raised?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument not subject to Parliamentary Procedure

Meeting date: 8 February 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

10:12 Meeting continued in private until 10:46.