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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 12 November 2025
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Displaying 2388 contributions

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Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

I will move on to discuss the Scottish Law Commission. As you know, the committee works closely with the SLC, as do you, and there has been long-standing frustration from the SLC—and from us, but particularly from the SLC—about the amount of work that it has done and the number of reports that it has produced that have just stacked up and not resulted in legislation.

The SLC has provided us with a list of about 18 of its reports dating back as far as 2006 that have not ended up as legislation, covering things from electoral law to level crossings. All kinds of serious work has gone on and the SLC and the committee are very frustrated. In the previous parliamentary session, the committee worked with the Parliament on a set of protocols that would allow the committee to take on more bills, if they were presented. That would help the Parliament to get stuff through.

The programme for government said that the Government wants to do something on moveable transactions. When do you see that legislation being introduced and would it be a bill that meets the criteria for it to be considered by this committee?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

I want to follow up on that. Like the minister, I am a football fan. If I go to a football match, I show somebody at the gate my QR code, and he or she scans it into their personal mobile phone. That is what it will be—that is what the Government said last week. My concern is that my name, address and date of birth could show up on that person’s mobile phone. That, to me, is a breach of my data.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

Do you anticipate all of those coming in this calendar year or within the next 12 months?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

I am sure that we can improve as we go along. Others might want to come in at this point, convener.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

Right—okay. I will move on to my final question for now, although I have more questions later.

As you mentioned, we have highlighted that we are not persuaded by some of the reasoning that the Scottish Government has provided for breaching the 28-day rule for negative instruments. Will you expand on what work you are doing to ensure that such breaches occur only when absolutely necessary?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

It sounds as though there might be some movement and that you might not necessarily use the made affirmative procedure.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

I think that trust law was the other one.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

Would you accept that what I describe would be a breach of my data?

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 7 September 2021

Graham Simpson

Convener—

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 7 September 2021

Graham Simpson

We are not quite in private yet. I apologise, but I want to raise an issue.

We know that we are to have a debate in the Parliament on vaccine passports. I do not actually know what we will debate yet, because we have not seen any details. Frankly, all that I have to go on is what the First Minister announced last week and what I have read in the press. We will have a debate and vote and I imagine that, for such a significant measure, regulations will be laid at some point.

There is a process issue. A lot of the coronavirus legislation has gone through under the made affirmative procedure, under which the law comes into force and then the Parliament has a look at it. A lot of planning has clearly gone into vaccine passports. The First Minister said last week that, if MSPs approve the proposals, she would like them to come in at the end of this month. Therefore, there is time to do what I would describe as proper scrutiny. I argue that the regulations should be laid before they come into force and that we should use a process other than the made affirmative procedure.

Given the lack of clarity, the committee could write to the Government to ask what its plans are. We do not want to know about the detail of the plans—that is for a policy committee to scrutinise—but we want to know how the Government plans to proceed and what process it plans to use. We could also flag that up to the COVID-19 Recovery Committee, which I think will be the main policy committee.