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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 4 May 2025
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Displaying 2046 contributions

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Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 3 December 2024

Stuart McMillan

I will bring in Daniel Johnson.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 3 December 2024

Stuart McMillan

Under agenda item 2, we are considering two instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 3 December 2024

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 3 December 2024

Stuart McMillan

Welcome to the 34th meeting in 2024 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices.

The first item of business is to decide whether to take items 4, 5, 6 and 7 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 3 December 2024

Stuart McMillan

The purpose of the instrument is to make provision about who may make applications for burials and what information should be included in those applications. In correspondence with the Scottish Government, which is published alongside the papers for this meeting, the committee queried whether regulation 3(2)(a)(v) is sufficiently clear to the reader. The Scottish Government acknowledged that the drafting could be improved and committed to amending the instrument at the next available opportunity.

The committee, however, considers that it will be clear to the reader that there is an error in the wording, and it is content that the issue is unlikely to lead to genuine misunderstanding by the reader of the instrument.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of the wording of regulation 3(2)(a)(v)?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 3 December 2024

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 3 December 2024

Stuart McMillan

With that, I will move the committee into private.

10:03 Meeting continued in private until 10:27.  

Delegated Powers and Law Reform Committee

Judicial Factors (Scotland) Bill: Stage 2

Meeting date: 19 November 2024

Stuart McMillan

Amendment 1, in the name of the minister, is grouped with amendments 2, 4, 18 to 21, 23 and 28.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 November 2024

Stuart McMillan

I move on to the second and third instruments on which issues have been raised.

SSI 2024/314 makes detailed provision in relation to every “relevant matter” that might be used for listing purposes and in relation to vetting information that might be included on a scheme record in respect of scheme members under the Protection of Vulnerable Groups (Scotland) Act 2007.

SSI 2024/315 makes detailed provision about what information will be included in level 1 and level 2 disclosures when the new scheme under the Disclosure (Scotland) Act 2020 enters into force.

In correspondence with the Scottish Government, the committee queried whether the provisions in the instruments are intended to prescribe non-disclosable convictions and, in relation to SSI 2024/314, all spent cautions. The Government advised that that is not the intention, and that the legal effect is correct, given the definitions in the parent acts.

Although the committee appreciates that the instruments achieve the policy intention as a matter of law, it considers that it could have been made clear, for example in the accompanying documents, that not all convictions and cautions are prescribed.

Does the committee wish to draw the instruments to the attention of the Parliament on the general reporting ground, on the basis that it would have been helpful, in the interest of accessibility, if the accompanying documents made it clear that not all convictions—and, in relation to SSI 2024/314, cautions—are prescribed?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 19 November 2024

Stuart McMillan

Under agenda item 4, we are considering an instrument that is not subject to parliamentary procedure and on which no points have been raised.