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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 13 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 31 August 2021

Stuart McMillan

There also appears to be an unusual or unexpected use of the enabling powers that are conferred by the parent statute. It would be more usual and expected for the Parliament to be given the opportunity to scrutinise the code of practice where there is a requirement in law to comply with it.

Does the committee wish to bring the regulations to the Parliament’s attention on reporting ground (g), on the basis that they have been made by the Scottish ministers with what appears to be an unusual and unexpected use of the enabling power?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 31 August 2021

Stuart McMillan

The second negative instrument on which an issue has been raised is SSI 2021/241. The amendment regulations amend the original regulations and provide for free dental treatment for all young people aged between 18 and 25. They were laid on 15 June 2021 and came into force on 24 August. As the Parliament was in recess from 26 June until 29 August, during which time the clock stopped, the regulations were laid less than 28 days before they came into force. They are therefore in breach of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which requires that negative instruments are laid at least 28 days before they come into force, not counting recess periods of more than four days.

Do members have any comments?

Delegated Powers and Law Reform Committee

Convener

Meeting date: 22 June 2021

Stuart McMillan

I thank members for their support.

Before we move on to item 3, I want to congratulate and thank the members of the committee in session 5 for the outstanding work that they did. In particular, I thank Bill Bowman, the most recent convener of the committee, for his excellent stewardship. Prior to Bill, Graham Simpson was the committee convener, and I thank him, too.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 22 June 2021

Stuart McMillan

The next item of business is to decide whether to take item 9 in private. Is the committee content to take item 9 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 Negative Procedure

Meeting date: 22 June 2021

Stuart McMillan

An issue has been raised on SSI 2021/236. The instrument brings forward the expiry date of three provisions in the Coronavirus (Scotland) Act 2020 that affect the work of the Parole Board for Scotland. It was laid on 10 June 2021 and came into force on 14 June 2021. As it was laid less than 28 days before it came into force, it is in breach of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which requires that negative instruments are laid at least 28 days before they come into force, not counting recess periods of more than four days.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j) as it has been laid less than 28 days before coming into force and, therefore, has breached the laying requirements under the 2010 act?

Does the committee also wish to note that it is satisfied with the explanation provided for failure to comply with the laying requirements?

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

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 22 June 2021

Stuart McMillan

Are you content with that explanation, Mr Sweeney?

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 22 June 2021

Stuart McMillan

I would be happy for us to do that.

Delegated Powers and Law Reform Committee

Legacy Paper

Meeting date: 22 June 2021

Stuart McMillan

Agenda item 8 is consideration of the Delegated Powers and Law Reform Committee’s session 5 legacy paper. Given that the committee will look at the legacy paper in more detail as part of its planning work in the coming months, at this point does the committee agree simply to note the paper and to thank members of the session 5 Delegated Powers and Law Reform Committee? Does the committee also agree to consider the report as part of our work programme discussions at a future meeting?

Delegated Powers and Law Reform Committee

Deputy Convener

Meeting date: 22 June 2021

Stuart McMillan

Congratulations on your appointment, Bill.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 22 June 2021

Stuart McMillan

The next item of business is consideration of six Scottish statutory instruments subject to the made affirmative procedure.