The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 2526 contributions
Delegated Powers and Law Reform Committee
Meeting date: 9 November 2021
Stuart McMillan
Under agenda item 3, we are considering a further instrument laid under the European Union (Withdrawal) Act 2018. In this case, the committee is considering whether the appropriate category has been applied to the draft regulations. The instrument has been categorised by the Scottish Government as being of medium significance. Is the committee content that the SSI has been categorised properly?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 9 November 2021
Stuart McMillan
Under agenda item 4, we are considering three made affirmative instruments. An issue has been raised on the following instrument.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
Under agenda item 3, we are considering a Scottish statutory instrument laid under the European Union (Withdrawal) Act 2018. The committee is considering whether the appropriate scrutiny procedure and the appropriate category have been applied to the instrument.
The instrument has been laid under the negative procedure and has been categorised by the Scottish Government as being of low significance. Is the committee content that the appropriate scrutiny procedure has been applied to the instrument and that the SSI has been categorised properly as being of low significance?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
Under agenda item 4, we are considering two instruments. No issues have been raised on the following instruments.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
Under agenda item 6, we are considering five instruments. Issues have been raised on two of the instruments.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
Members will note that the instrument was laid on Thursday 23 September 2021 and came into force the following day. Section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 requires negative instruments to be laid at least 28 days before they come into force, not counting recess periods of more than four days. That is known as the 28-day rule.
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?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
However, as the regulations are intended to provide access to the council tax reduction scheme on an emergency basis for those arriving from Afghanistan, is the committee also satisfied with the reasons given for the breach of the 28-day rule?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
Again, the instrument breaches the 28-day rule, as it was laid on 28 September and came into force on 1 October.
In the Scottish Government’s letter to the Presiding Officer outlining its reasons for bringing the instrument into force so quickly, it wrote that this was due to a late announcement by the United Kingdom Government to revise the timetable for the introduction of all remaining border operating model checks that were due to commence on 1 October. Accordingly, the Scottish Government stated that, in order to avoid disruption to imports into Scotland, it was not able to comply with the 28-day rule.
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?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
I am content with the suggestion. It is the right thing to do. Clearly, you are correct that it is a policy matter. Are members content with that suggestion?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
Under agenda item 7, we are considering four instruments. An issue has been raised on the following instrument.