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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 19 September 2025
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Displaying 2261 contributions

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Delegated Powers and Law Reform Committee [Draft]

Decision on Taking Business in Private

Meeting date: 16 September 2025

Stuart McMillan

Welcome to the 25th meeting in 2025 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices. We have received apologies from Jeremy Balfour MSP.

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

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 16 September 2025

Stuart McMillan

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

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 16 September 2025

Stuart McMillan

This draft instrument would update the rules governing the conduct of Scottish Parliament elections ahead of next year’s parliamentary election. The present draft instrument was relaid by the Scottish Government on 28 August. The previous version, which was laid on 23 June, was withdrawn on 26 August. Correspondence between the committee and the Scottish Government on the original draft instrument, the Government’s letter withdrawing that draft, and further correspondence on the present draft instrument have been published online, alongside the papers for today’s meeting.

As noted in that correspondence, the original version of the draft instrument was withdrawn in order to address an issue with article 9, relating to changing the date on which a person becomes a candidate, which was raised by the committee with the Scottish Government.

In relation to the original draft instrument, the committee asked four questions. Does the committee wish to draw that correspondence to the attention of the lead committee, as the answers to questions 1 and 2 provide additional information and explanation that may be of interest for its consideration of articles 14 and 15?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Negative Procedure

Meeting date: 16 September 2025

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument not subject to Parliamentary Procedure

Meeting date: 16 September 2025

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument Laid for Consultation

Meeting date: 16 September 2025

Stuart McMillan

Under agenda item 5, we are considering proposed draft regulations laid for consultation, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instrument Laid for Consultation

Meeting date: 16 September 2025

Stuart McMillan

Is the committee content with the item?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument Laid for Consultation

Meeting date: 16 September 2025

Stuart McMillan

That concludes the public part of the meeting.

10:06 Meeting continued in private until 10:07.  

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 16 September 2025

Stuart McMillan

Under agenda item 2, we are considering five instruments. I believe that Katy Clark wants to come in.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 16 September 2025

Stuart McMillan

The purpose of the draft instrument is to disqualify a person from being an MSP if they are also a member of the House of Commons, and it does so by making amendments to the Scotland Act 1998. The instrument is one of a package of three draft disqualification instruments. The other two instruments would disqualify a person from being an MSP if they are a member of the House of Lords or a councillor.

The committee asked the Scottish Government about the wording of proposed new subsection (2A) in section 82 of the Scotland Act 1998, which is intended to prevent an MSP who is also an MP from receiving an MSP salary. The committee asked whether it is sufficiently accurate, given the contrast with the wording of section 81(1) of that act.

The Scottish Government’s response was that it considers the wording to be sufficiently accurate and does not intend to take any corrective action. The committee considers that the provision should achieve the desired effect, because it specifies that it is “in accordance with section 81(1)”. However, given that this is an amendment to a constitutional act, it is desirable for it to be as accurate and consistent as possible with the other provisions of the act.

As such, does the committee wish to draw the draft instrument to the attention of the Parliament on the general reporting ground, in that the wording of new subsection (2A), which is to be inserted by regulation 5(c) of the draft instrument into section 82 of the Scotland Act 1998, could be more consistent with the provision in sections 81 and 82 of that act?

Members indicated agreement.