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: 7 January 2025
Stuart McMillan
Daniel, I am conscious of parliamentary time on this aspect as well, because we have other areas to go into. You have one final question.
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Stuart McMillan
Thank you. I have another question before we move on to Bill Kidd.
Notwithstanding what has been discussed so far in this area and the various suggestions and proposals that could be considered, in some of the written evidence that we have received, there were other suggestions, including the provision of draft SSIs when a bill is produced. The Public Bodies (Joint Working) (Scotland) Act 2014 is an example of that approach. Consulting on delegated powers before publication has also been suggested, as well as carrying out more detailed scrutiny of SSIs before they are taken out of the draft context. There are other suggestions, too.
The point was raised a few moments ago that we should try to get to a point at which we have a framework—forgive the use of that word—for better or improved scrutiny. With all the various suggestions, would it be difficult to get into that space in the first instance? If the process was too onerous at the beginning, before anything is taken out of the draft context, could that just slow down any activity by the Government? We should bear in mind Dr Tickell’s point that this is a Parliament of minorities—the Welsh Senedd and the Northern Ireland Assembly are the same, but the House of Commons is different. The political context is clearly important, but is slowing down potential legislation, albeit for additional scrutiny, always the right thing to do? The point was raised about how much more Governments and politicians are being asked to look at today in contrast to, say, 40, 50, 60 or 70 years ago.
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Stuart McMillan
Daniel Johnson has a supplementary, and then we will move on to Bill Kidd.
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Stuart McMillan
I will take you first then, and then go to Bill Kidd.
10:15Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Stuart McMillan
I will add to the example that Professor Reid provided. Before we broke for Christmas, the committee looked at the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill, in which there were also Henry VIII powers, and we agreed to what was proposed at that point. That highlights the range of Henry VIII powers when it comes to more technical and minor provisions, as well as the potentially more controversial aspects.
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Stuart McMillan
I call Daniel Johnson.
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Stuart McMillan
Thank you.
Professor Whitaker, in your submission, you touched on the terms “framework” and “skeleton” bills, and also “headline” bills, as used in the Welsh Senedd. How do you think that the things that you highlighted in your submission deal with the points raised by Dr Grez?
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Stuart McMillan
Is the committee content with the instruments?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Stuart McMillan
Is the committee content with the instruments?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Stuart McMillan
Is the committee content with the instruments?
Members indicated agreement.