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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 20 September 2025
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Displaying 2261 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 31 August 2021

Stuart McMillan

Does anyone have any questions on the instrument?

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 31 August 2021

Stuart McMillan

We come to agenda item 3. No points have been raised on the following orders.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 31 August 2021

Stuart McMillan

We come to agenda item 4. Issues have been raised on four of the instruments under consideration.

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

Instruments subject to Made Affirmative Procedure

Meeting date: 31 August 2021

Stuart McMillan

The suggestion is to write to the lead committee, and I think we should do that in relation to the points raised by Graham Simpson and Craig Hoy. I think it would also be worth writing to the lead committee on the points raised by Paul Sweeney regarding licensing, so that the lead committee can take that up. There could be policy matters that are important for licensing legislation. Are you content with that, Paul?

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 31 August 2021

Stuart McMillan

We come to agenda item 2. An issue has been raised concerning SSI 2021/277, which revokes the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (SSI 2020/344) but retains some requirements that are still considered necessary by the Scottish Government and provides that those are applied uniformly across Scotland.

The instrument requires that, subject to some exemptions, face coverings should still be worn in most indoor spaces. The guidance accompanying the instrument states that face coverings are not required to be worn while dancing in a nightclub or dance hall. However, a specific exemption for dancing is not listed in the instrument. In correspondence, the Scottish Government said:

“It is considered that dancing is a form of exercise which reasonably requires that the person is not wearing a face covering”,

which is an exemption provided for by regulation 5(1)(r).

Does the committee wish to bring the instrument to the attention of the Parliament on reporting ground (h), which is that its meaning or form could be clearer?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 31 August 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

10:27 Meeting continued in private until 10:43.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 31 August 2021

Stuart McMillan

The regulations make provision for the establishment and maintenance of a register of child interview rights practitioners to provide children with advice, support and assistance in relation to their involvement in investigative interviews. Regulation 3(6)(a) provides that

“A person who is included in the register must comply with ... the Code of Practice”

for child interview rights practitioners that has been published by the Scottish Government. However, regulation 3(7), when compared against the mandatory requirements contained in paragraph 17 of the code of practice, appears to provide differing notification timescales and requirements for child interview rights practitioners—yet both must be complied with.

In light of that, does the committee wish to bring the instrument to the attention of the Parliament on reporting ground (h), on the basis that its meaning or form could be clearer, while also calling on the Scottish Government to clarify that issue as soon as possible?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 31 August 2021

Stuart McMillan

On the point about the change of minister, it is clear that the officials would remain the same, unless there was also a change there. You raise a valid point, Graham.

Does the committee wish to draw the regulations to the Parliament’s attention on reporting ground (j), as they were laid less than 28 days before they came into force?

Members indicated agreement.