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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 30 April 2025
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Displaying 1857 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 31 August 2021

Graham Simpson

The reason for the 28-day rule is to allow parliamentary scrutiny. There will be occasions when the Government will breach the rule for very good reasons—for example, there can be emergency legislation—and we will often accept that. However, I do not believe that the regulations fall into that category. There was simply no good reason, in my view, for the Government to breach the rule in this case, and we should push back strongly on it. The explanation, to be frank, does not wash. A change of minister is not a reason to breach the 28-day rule, in my submission.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 31 August 2021

Graham Simpson

I agree with everything that the convener has said, but the instrument highlights a problem concerning the need to be clear in law about what is meant. If it was the Scottish Government’s intention that people in nightclubs who are dancing are not required to wear face masks, why did it not just say that? The word “dancing” appears nowhere. That is probably because it is very difficult, if not impossible, to define dancing in law.

We saw an example of someone dancing in a nightclub in Aberdeen over the weekend. Some people may call that dancing, but some will not. One man’s backward walk is another man’s dancing. It is very difficult to say what we mean. The Scottish Government said that dancing can be

“taking part in exercise of a type that reasonably requires that the person is not wearing a face covering.”

However, while dancing can be exercise, it does not have to be. It is a recreational activity that is not necessarily strenuous. That makes it difficult, if we want to be clear in law, which we do.

It is worth highlighting to the lead committee that there are issues with the instrument. My guess is that the reality in nightclubs—not that I have been to one for many years—is that people take off their face masks as soon as they get inside, whether or not they are dancing. The lead committee should look at the matter, accepting that as a reality. The instrument falls down in terms of clarity of the law and we should highlight that.

Delegated Powers and Law Reform Committee

Convener

Meeting date: 22 June 2021

Graham Simpson

I nominate Stuart McMillan to be convener.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 22 June 2021

Graham Simpson

I am content, within the remit of this committee. However, one of the instruments, SSI 2021/242, relates to the travel restrictions from Scotland to Manchester. It is important that people realise that, under the remit of this committee, there are no grounds on which the committee can challenge the regulations.

I have reservations about that particular instrument on a technical level, and I think that it will be difficult, if not impossible, to enforce. However, I will have the opportunity to raise questions about that later. I am merely pointing out, for the benefit of people watching this who might be wondering why on earth we are not saying anything about the instrument, that that is because, under the terms of this committee, the grounds on which we can push back on certain regulations are restricted. However, the Parliament will have a chance to question ministers later this afternoon.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 22 June 2021

Graham Simpson

I am sorry to be awkward, but I see from the chat box that Mr Sweeney had indicated that he wanted to speak on a previous instrument. He may be struggling with the platform, which is understandable.

Delegated Powers and Law Reform Committee

Legacy Paper

Meeting date: 22 June 2021

Graham Simpson

I am content with that approach. We will get a chance to speak about the paper later. I have only just thought of this, but it might be nice for the committee to write to the previous convener, Bill Bowman, to thank him for his work.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 22 June 2021

Graham Simpson

I have no relevant interests to declare.