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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 4 May 2021
  6. Current session: 13 May 2021 to 11 November 2025
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Displaying 2327 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 1 February 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

10:10 Meeting continued in private until 11:29.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 25 January 2022

Stuart McMillan

This Scottish statutory instrument amends the principal regulations to add into the scheme further cuts of pigmeat for which aid may be granted. It also amends the closing date for applications, from 28 February to 31 March 2022.

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 committee, the Scottish Government explained that it considered that it was necessary for the amendments to come into force on 15 January 2022—rather than at a later date to enable compliance with the 28-day rule—in order to maximise the benefit of the scheme to the industry. That was to avoid delays in applications to the scheme and the consequent backlog of pigs on farms.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in relation to the failure to lay the instrument in accordance with laying requirements under the 2010 act?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

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

No member has indicated that they are not content or that they wish to speak, so we are agreed.

Finally, no points have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 25 January 2022

Stuart McMillan

Is the committee content with the instruments?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

The next meeting of the committee will take place on Tuesday 1 February 2022.

Meeting closed at 10:03.  

Delegated Powers and Law Reform Committee

Instrument subject to Made Affirmative Procedure

Meeting date: 25 January 2022

Stuart McMillan

Welcome to the third meeting in 2022 of the Delegated Powers and Law Reform Committee. As we are meeting fully online again today, it will be more challenging for members to indicate agreement to the items being discussed. I therefore ask you to raise your hand if you are not content with a question that is put or if you wish to speak about an instrument.

Under the first item of business, 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: 25 January 2022

Stuart McMillan

Is the committee content with the instrument?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 25 January 2022

Stuart McMillan

Under our second and final agenda item, we are considering five instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

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

Meeting date: 18 January 2022

Stuart McMillan

Under agenda item 2, we are considering one instrument.

Delegated Powers and Law Reform Committee

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

Meeting date: 18 January 2022

Stuart McMillan

The committee is considering whether the appropriate scrutiny procedure and the appropriate category have been applied to the instrument. The instrument relates to the start date from which imports of animal products and certain plants, plant products and other objects to Scotland from European Union, European Economic Area and related countries will be subject to additional requirements.

The instrument has been laid under the negative procedure and is considered by the Scottish Government to be of low significance.

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

No member has indicated that they are not content or that they wish to speak, so we are agreed.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 18 January 2022

Stuart McMillan

The instrument amends the requirements and restrictions that affect international travellers arriving in Scotland. A number of issues have been raised on the instrument. I will cover each in turn.

First, regulation 7 amends the principal international travel regulations to insert regulation 16A, which requires eligible vaccinated arrivals to report the outcome of a day 2 lateral flow device test, and to insert regulation 16B, which requires such people to take a confirmatory test from a public provider if their lateral flow test result is positive. Neither the principal regulations nor this instrument specifies that the confirmatory test should be a PCR—polymerase chain reaction—test, although the policy note and Scottish Government guidance indicate that the confirmatory test should be a PCR test.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), on the basis that the meaning of the instrument could be clearer that the confirmatory test that is taken by an eligible vaccinated arrival following a positive day 2 lateral flow device test must be a PCR test? In so doing, does the committee wish to call on the Scottish Government to amend new regulation 16B of the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021 to define the term “confirmatory test” at the next legislative opportunity?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

10:15  

Secondly, the policy note and the letter to the Presiding Officer that accompany the instrument state that the amended definition of World Health Organization list vaccines in regulation 3 comes into force at 4 am on 10 January 2022, alongside the changes to the list of relevant countries that can provide acceptable vaccination certification in schedule 1A. However, regulation 1 provides that regulation 3 came into force at 4 am on the earlier date of 7 January.

The Scottish Government confirmed that the commencement of regulation 3 on 7 January is an error. The change should have been implemented in Scotland at the same time as in England, on 10 January. As a result, it is possible that some travellers may have been classed as eligible vaccinated arrivals in Scotland sooner than intended.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), on the basis that its drafting appears to be defective?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

Finally, the instrument is in breach of laying requirements in section 30(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which provides that an instrument not subject to the negative or affirmative procedure must be laid before the Scottish Parliament as soon as practicable after the legislation is made, and in any event before the legislation is due to come into force. Regulations 1 to 5, 8, 9, 12 and 13 came into force at 4 am on 7 January, and the instrument came into force at 9.30 am later the same day.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), on the basis that it fails to comply with the laying requirements?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

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

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 18 January 2022

Stuart McMillan

The instrument provides for the removal of the capacity limits on live events outdoors and removes the requirement for 1m physical distancing at outdoor event venues, outdoor exhibitions and outdoor spaces in sports stadia. It also amends the definition of the term “fully vaccinated” to introduce booster vaccinations.

Is the committee content with the instrument?

No member has indicated that they are not content or that they wish to speak, so we are agreed.