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 893 contributions
Delegated Powers and Law Reform Committee
Meeting date: 19 March 2024
Oliver Mundell
That is helpful. I had a question on the LCMs, but Jeremy Balfour wants to come in.
Delegated Powers and Law Reform Committee
Meeting date: 19 March 2024
Oliver Mundell
I will follow up the question around LCMs. Part of the challenge is whether, when the Scottish Government says nothing or is silent on the powers, the committee should assume that that means that you are content or whether it comes back to the issue of running out of capacity or time to query everything. Are you prioritising or is it the case that, when the Government says nothing about a power, the committee can take it that you are content and happy with it?
10:30Delegated Powers and Law Reform Committee
Meeting date: 19 March 2024
Oliver Mundell
I am talking about the situation once the Government has commented. Once the Government has commented, is that a complete comment and are you finished in relation to that LCM?
Delegated Powers and Law Reform Committee
Meeting date: 19 March 2024
Oliver Mundell
Are you saying that, for example, with regard to commencement powers or even things that you do not agree with, there can be powers within the LCM that are not a cause for concern? We are trying to work out which bits to focus on.
Delegated Powers and Law Reform Committee
Meeting date: 19 March 2024
Oliver Mundell
To me, it is not a political issue; the concern is about Parliament having its say. You made the case for that in your comments. Politicians can spend all day talking about legislation, but most of my constituents, although they want to see delivery and want to see things work, do not have the time to go through legislation letter by letter and word by word to ensure that it works. Ultimately, if the legislation does not work, you do not get the delivery.
My big concern is that, although there might not be more framework bills, the bills that are coming down the line are on more substantive topics. Things such as agricultural funding and the national care service are complicated—the national care service exceptionally so—and a lot of secondary legislation will be needed to make those bills work. I am concerned about whether Parliament as a whole has the capacity to deal with that level of secondary legislation on what I think will be controversial topics. We have seen that issue with the regulation of legal services, too.
People have strong views on some things that are being left to secondary legislation. Will the committee have people in every week to talk about every one of those bills, which are contentious in relation to policy? Has the Government thought about how that will work?
Delegated Powers and Law Reform Committee
Meeting date: 19 March 2024
Oliver Mundell
It is possible that two or three of those bills could arrive together, and we talked about how many SSIs are expected before the summer. There could be periods when there are real peaks in what is coming through Parliament. It is not just in this committee, but other subject committees that are looking at new legislation, as well.
Delegated Powers and Law Reform Committee
Meeting date: 19 March 2024
Oliver Mundell
There is a balance and there is a tension. What I am asking is, do you accept that there is a tension?
Delegated Powers and Law Reform Committee
Meeting date: 19 March 2024
Oliver Mundell
I welcome those comments on trying to get things right. I want to ask about some of the historical commitments that the Scottish Government has made. One is in relation to an amendment to the Scotland Act 1998 (Specification of Functions and Transfer of Property etc) Order 2019 (SSI 2019/183). Has there been any progress on that that you can share with the committee?
Delegated Powers and Law Reform Committee
Meeting date: 19 March 2024
Oliver Mundell
I think that there are a few others that are outstanding.
10:15Delegated Powers and Law Reform Committee
Meeting date: 19 March 2024
Oliver Mundell
I come back to the issue of explanatory notes. I note that you said that some of it is down to the eye of the beholder, but a lot of different ministers across Government introduce a lot of different bills. I want to push you a wee bit on what is being done to ensure that there is a common understanding of what is needed in explanatory notes. We have heard that some conveners think that there is too much in explanatory notes and some too little, and the Parliament has the opportunity to say that, but there has recently been a degree of variation. I know that there is a balance to be struck, but is someone working across the Government to ensure that all bills—