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 3697 contributions
COVID-19 Recovery Committee
Meeting date: 3 March 2022
John Mason
I have used up my time, but Mr Menzies wants to come back in.
COVID-19 Recovery Committee
Meeting date: 3 March 2022
John Mason
Do the other two witnesses want to comment on those points? Is primary legislation more solid and dependable than secondary legislation?
COVID-19 Recovery Committee
Meeting date: 3 March 2022
John Mason
No, that was helpful. If I am not mistaken, the section 86 that you refer to is in the 2008 act, which is now being amended in this bill.
COVID-19 Recovery Committee
Meeting date: 3 March 2022
John Mason
You used the word “balance”, which is exactly the word that was in my mind. From what you know of the 2008 act, did it get the balance wrong? Was there not enough in it?
COVID-19 Recovery Committee
Meeting date: 3 March 2022
John Mason
That is okay. Does Professor Hunter want to say anything on that point?
COVID-19 Recovery Committee
Meeting date: 3 March 2022
John Mason
Thank you; that is very helpful.
COVID-19 Recovery Committee
Meeting date: 3 March 2022
John Mason
I declare that I am a member of the Institute of Chartered Accountants of Scotland.
Professor McKenzie Skene mentioned earlier—I am not sure whether she is available to speak or not—that there is a working group and that a review of wider bankruptcy legislation is going on. Having been on finance and other committees in the past, I know that that is quite a complex area.
My main question is this: should the bill touch on bankruptcy or should we leave it for the review to come, in due course?
I am not hearing Professor McKenzie Skene—I am not sure that she is there.
COVID-19 Recovery Committee
Meeting date: 3 March 2022
John Mason
I would like to stick with Mr Smith on the issue of scrutiny. I am still trying to get my head round what should be in primary legislation and what should be in secondary legislation. Would you argue that, generally, the scrutiny of primary legislation is easier and better than that of secondary legislation?
COVID-19 Recovery Committee
Meeting date: 3 March 2022
John Mason
To push you on that final point, if some powers are specific for Ebola and some for TB, should we not leave them until the situation arises and have them in the secondary legislation?
COVID-19 Recovery Committee
Meeting date: 3 March 2022
John Mason
We are spending longer on this piece of legislation as primary legislation, and your paper on post-legislative scrutiny is very critical of Parliaments generally—the Scottish Parliament is one that is guilty of not going back and looking at legislation enough. There is also the point about things being rushed in under the made affirmative procedure. It seems to me that there will be better legislation if we spend more time over it, think about it, and it is given a proper review, and that anything that is rushed in at the last minute will inevitably be weaker.