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: 26 October 2021
Stuart McMillan
Do members have any comments on any of the instruments?
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
Is the committee content with the instruments?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
Does the committee also wish to welcome the fact that SSI 2021/352 has subsequently been laid to correct the oversight?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
I agree that it is right to contact the lead committee about that, so I am happy with that suggestion. Is the committee content with that?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
The committee will note that there has previously been a long-standing disagreement with the Scottish Government on whether regulations in respect of the council tax reduction scheme give rise to a devolution issue in so far as they relate to matters that are reserved in section F1, entitled “Social security schemes”, of part 2 of schedule 5 to the Scotland Act 1998. The issue is engaged by the instrument in so far as it amends the unconsolidated Council Tax Reduction (Scotland) Regulations 2012 (SSI 2012/303) and the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (SSI 2012/319).
In 2018, the session 5 committee agreed that, instead of continuing to highlight the disagreement with every new set of council tax reduction regulations, it would instead note its position on the devolution issue and on undertaking consolidation, as stated in its previous reports to the Parliament. The session 5 committee therefore agreed that it did not consider it necessary to repeat that view again. However, it continued to encourage the Scottish Government to undertake a consolidation of the principal regulations within a reasonable timescale, in the interests of clarity and accessibility.
Does the committee wish to note its predecessor’s position on the devolution issue and on undertaking consolidation—to the extent that that is still outstanding in respect of the pension age regulations—and restate that position for this session?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
Nevertheless, is the committee 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
In respect of SSI 2021/357, does the committee nevertheless wish to highlight the importance that it places on consistency of terminology in secondary legislation, particularly when terms are defined?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 26 October 2021
Stuart McMillan
Under agenda item 5, we are considering five instruments. No points have been raised on the following draft instruments.
Delegated Powers and Law Reform Committee
Meeting date: 5 October 2021
Stuart McMillan
An issue has been raised on Scottish statutory instrument 2021/322. The?instrument revokes three previous sets of regulations and replaces them with consolidated international travel regulations, with the aim of improving their readability and accessibility, as well as making certain specific changes.
In correspondence with the Scottish Government, the committee highlighted that schedule 4 to the instrument provides exemptions from requirements in the international travel regulations for certain people, including a “member of aircraft crew” as defined in subparagraph 10(2)(a)(ii).
The term “EU-OPS” is used in that paragraph, and it is defined in subparagraph 10(2)(c) with reference to the meaning of that term in paragraph 1 of schedule 1 to the Air Navigation Order 2016. However, there is no reference to EU-OPS in that order. The Scottish Government has confirmed that that is an error, in so far as there is no longer such a reference in the order, and it undertook to correct the error at the next available opportunity.
Are members content to report the instrument on reporting ground (h), on the basis that the instrument’s meaning could be clearer in that respect, and to welcome the Scottish Government’s commitment to clarify the position by updating the reference at the next available opportunity, which it has done in SSI 2021/343?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 5 October 2021
Stuart McMillan
Agenda item 3 is consideration of two affirmative instruments, on which no points have been raised.