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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 21 September 2025
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Displaying 2261 contributions

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Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

Item 2 is an evidence session for the committee’s inquiry into use of the made affirmative procedure during the coronavirus pandemic. This is the first of two evidence sessions that are planned for this month, before the committee takes evidence from the Scottish Government in January.

I welcome to the meeting Dr Ruth Fox from the Hansard Society, who is appearing remotely from London, and Morag Ross QC from the Faculty of Advocates, who is joining us in the committee room. We are very grateful that both of you are able to attend the meeting.

I will start the questioning. I would be grateful to get an understanding of your general views on the made affirmative procedure. For example, what are your observations on the frequency of use of the procedure during the coronavirus pandemic compared with its use pre-pandemic?

Delegated Powers and Law Reform Committee

Instruments Subject to Made Affirmative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Does the committee wish to note that those regulations address an issue that was identified by the committee at its meeting on 9 November 2021 regarding regulation 4(d) of SSI 2021/359?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments Subject to Affirmative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Item 5 is consideration of two draft instruments subject to the affirmative procedure—a set of draft regulations and a relaid draft order—on which no points have been raised.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

I call Dr Fox.

I think that there is an issue with the sound.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

You touched on the final point that I want to explore, which concerns the consistency of the instruments that are brought forward. With every piece of legislation that comes forward, some individuals will criticise it no matter what it says, while others will look at it from a different perspective.

With regard to the made affirmative instruments that have been brought forward, do you have any thoughts or considerations as to how they have been drafted? Do you have any opinion as to whether any of the instruments has not been drafted well, and whether that has created a situation in which the law may be difficult to understand? Alternatively, do you believe that the majority, if not all, of the instruments are easily read and understood?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

Can you repeat your question, please?

Delegated Powers and Law Reform Committee

Instruments Subject to Made Affirmative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Item 4 is consideration of four instruments subject to the made affirmative procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments Subject to Made Affirmative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Is the committee content with the regulations?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments Subject to Made Affirmative Procedure

Meeting date: 7 December 2021

Stuart McMillan

On the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No 7) Regulations 2021 (SSI 2021/425), does the committee wish to highlight the Scottish Government’s response to the committee’s questions regarding the status of eligible vaccinated arrivals to consider from a policy perspective?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments Subject to Negative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.