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 1662 contributions
Delegated Powers and Law Reform Committee
Meeting date: 1 October 2024
Daniel Johnson
The Scottish Law Commission has been looking at other legislation, including the proposed reform of legislation around tenement maintenance, in which I take a great deal of interest. Does the Government have a view on when it might look to introduce a bill in that area?
Delegated Powers and Law Reform Committee
Meeting date: 1 October 2024
Daniel Johnson
Thank you for unmuting me, convener. The minister will be relieved to hear that the committee requires me to ask my questions from a cupboard in an undisclosed location.
My first question relates to reports from the Scottish Law Commission, to which the minister referred in his opening remarks with regard to the introduction of the Judicial Factors (Scotland) Bill. As he will be aware, the Government set out in the programme for government its intention to introduce a new leases (automatic continuation etc) (Scotland) bill. What is the timescale for the introduction of that bill? What was the basis for choosing to bring forward that bill from among those issues covered in the SLC’s reports?
Delegated Powers and Law Reform Committee
Meeting date: 1 October 2024
Daniel Johnson
I thank the minister for that answer; we have all the more reason to look forward to Christmas now.
Can the minister elaborate on the degree to which the proposed bill meets the criteria and objectives that are set out in the relevant Scottish Law Commission report?
Delegated Powers and Law Reform Committee
Meeting date: 17 September 2024
Daniel Johnson
I will ask a very narrow question and then I have some questions that follow on from it. Presumably, the Government thinks that this will be a substantial and permanent change and one that will take land reform on a particular direction of travel. Would that be a fair thing to surmise?
Delegated Powers and Law Reform Committee
Meeting date: 17 September 2024
Daniel Johnson
You set out the need for consultation and flexibility. Can you explain why primary legislation would frustrate that? The process might take longer, but fundamentally it would still enable you to make changes. You have said that there is a general obligation on the Government to consult, but the degree to which we have an open and transparent consultation process is enhanced by Parliament. Indeed, it is Parliament’s primary function. Why do you think that Parliament is not the right place for considering future changes or undertaking the consultation that might be required on such changes?
Delegated Powers and Law Reform Committee
Meeting date: 17 September 2024
Daniel Johnson
I just ask you to acknowledge that, although many of the instruments would be introduced under the affirmative procedure, that is not the same as introducing primary legislation, primarily because it is less likely that evidence will be taken. More important, the ability for Parliament to amend is obviously not there at all. Do you acknowledge that that is a pretty big difference between primary legislation and the affirmative procedure?
Delegated Powers and Law Reform Committee
Meeting date: 17 September 2024
Daniel Johnson
It is in our briefing notes. I am just noting that.
Delegated Powers and Law Reform Committee
Meeting date: 17 September 2024
Daniel Johnson
We have identified three particular areas in relation to powers to change the fundamental concepts of the bill, but this theme probably extends to some other areas that colleagues have already mentioned. In particular, sections 1(4), 2(4) and 4(2) essentially give the Government powers to alter quite fundamental concepts, such as who would be in scope to exercise the right to buy and the requirements around consultation, which could impact the timelines and even who could exercise those powers.
Will you explain why it is necessary to leave such fundamental concepts open in the primary legislation and to leave those powers to secondary legislation?
Delegated Powers and Law Reform Committee
Meeting date: 17 September 2024
Daniel Johnson
Given that, and given the wide flexibility—in your own words, it is flexible—is there not a risk that it almost lays open the possibility for the reverse to happen? Obviously, this is a democracy, and Administrations change. What if, hypothetically, the monopolist and large landowners party were to come to power in 10 years’ time? What would prevent it from using these provisions to bring about effects that were entirely contrary to the intent of the legislation as you have presented it?
Delegated Powers and Law Reform Committee
Meeting date: 17 September 2024
Daniel Johnson
Obviously, though, they cannot amend.
In your previous answers, you said that, in some areas, you are just bringing powers into line with other bits of legislation. Other than for reasons of consistency with older pieces of legislation, can you set out the rationale for bringing those powers into line and tell us whether there has been any impact assessment or analysis of whether they were appropriate to begin with? After all, the previous legislation could have got the balance wrong.