Skip to main content
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 4 May 2021
  6. Current session: 13 May 2021 to 11 November 2025
Select which types of business to include


Select level of detail in results

Displaying 2327 contributions

|

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 18 January 2022

Stuart McMillan

A number of issues were raised with the Scottish Government on the instrument. First, do members wish to report the following three errors on the general reporting ground? The first is that the definition of “EU withdrawal agreement” in regulation 2 is unnecessary, given that a definition of the term that is contained in schedule 1 to the Interpretation and Legislative Reform (Scotland) Act 2010 already applies.

The second error is that regulation 17(4)(b) refers to

“a child in respect of whom a person listed in paragraph (2)(a) has a relationship equivalent to those listed under the law of Scotland”,

and should instead refer to paragraph (3)(a) of regulation 17.

The third error is that the definitions of “civil partnership” and

“person who is living with another person as if they were in a civil partnership”

in regulation 17(4) are unnecessary in so far as they refer specifically to same-sex couples, on the basis that both same-sex and mixed-sex couples may enter into marriages and civil partnerships.

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

Secondly, do members wish to report the following three errors on reporting ground (h), on the basis that the meaning could be clearer? The first error is that regulation 7(2) relates to how an individual’s ability to carry out both daily living and mobility activities is to be determined, and therefore that regulation 7(2)(a) should refer to both the tables in schedule 1, at part 2, on “Daily Living Activities”, and part 3, on “Mobility Activities”.

The second error is that the meaning of the term “medical treatment” as defined in regulations 2 and 16 could be clearer, and that the definition in regulation 2 could be removed.

The third error is that the meaning of “qualifying services” in regulation 2 within the definition of “residential educational establishment”, and in regulations 27(4) and 27(5)(b), and 32(3) and 32(4)(b) could be clearer.

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

Additionally, do members wish to call on the Government to lay an amending instrument to rectify the errors in regulation 7(2)(a) and in respect of the term “medical treatment” as defined in regulation 2 before the instrument comes into force on 21 March 2022? Furthermore, do members wish to call on the Government to rectify in that amending instrument the other errors that the committee has identified?

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 points have been raised on the following draft instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 18 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.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 18 January 2022

Stuart McMillan

Welcome to the second meeting in 2022 of the Delegated Powers and Law Reform Committee, which is taking place fully online. Before we move to the first agenda item, as we are again meeting online, it will be more challenging for members to indicate agreement to the items that are discussed. I therefore ask you to raise your hand if you are not content when a question is put or if you wish to speak about an instrument.

The first item of business is to decide whether to take items 6 to 9 in private. Is the committee content to take those items in private?

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

Under agenda item 3, we are considering two made affirmative instruments. Issues have been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 18 January 2022

Stuart McMillan

Under agenda item 5, issues have been raised on three negative instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 18 January 2022

Stuart McMillan

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 its letter to the Presiding Officer on the instrument, the Scottish Government explained that urgent action was required, as concerns have been raised by education authorities and managers of grant-aided schools about their ability to comply with the duties under earlier regulations as a result of an inability to procure certain foods due to disruption in the school food supply chain.

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 the 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 this breach of the laying requirement?

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

A similar issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 18 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.

10:27 Meeting continued in private until 11:47.  

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 18 January 2022

Stuart McMillan

Under agenda item 4, we are considering five affirmative instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 18 January 2022

Stuart McMillan

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of the incorrect reference in paragraph 4(3) of new schedule 8A to the Greenhouse Gas Emissions Trading Scheme Order 2020, which is inserted by article 27 of the instrument, to article 18(11) of the free allocation regulation, which should have been to article 18a(11) of that regulation?

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

Does the committee also wish to welcome that the Scottish Government is liaising with the other United Kingdom Administrations with a view to correcting the error at the next available opportunity?

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: 18 January 2022

Stuart McMillan

The instrument relates to the phasing-in of border controls on imports of certain goods following EU withdrawal. It breaches section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, as it was laid on 22 December 2021 and came into force on 1 January 2022.

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.

The Scottish Government has provided an explanation of the reasons for the failure in a letter to the Presiding Officer and in response to the committee’s written questions. All of the committee’s correspondence on today’s instruments can be found in paper 3 of the online papers. Clearly, there is an issue between the Scottish Government and the UK Government. I suggest that we highlight that to the subject committee, which is planning to look at the instrument next week. It can then make any decision that it wishes to take as a result.

No member has indicated that they are not content with that course of action or that they wish to speak, so we are agreed on that.

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