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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 October 2025
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Displaying 504 contributions

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Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Oliver Mundell

I have a specific point for the minister. Is it possible for Parliament to amend Government regulations?

Delegated Powers and Law Reform Committee

National Care Service (Scotland) Bill: Stage 1

Meeting date: 10 January 2023

Oliver Mundell

You have deliberately limited the scope of the bill by using this method. Members will have limited opportunities to amend the legislation when it comes to the detail, because you have put it all to one side for later. That is not proper parliamentary process and it does not allow the Parliament to do its job of holding you to account properly, which creates a real risk and danger for people who will rely on the legislation.

I do not think that we can say that the Parliament or the Government has a very good record when it comes to delivering for many of the people who will be impacted by the legislation. It seems wrong that you are asking us to put so much confidence and trust in a process that means that there will be no scrutiny. Even if people disagree with what you are doing, you will be able to go ahead anyway. The Parliament will not be allowed to do its job. I do not see how you, as a member of the Parliament and a minister in the Government, can think that that will lead to effective co-design or robust legislation. It is just wrong.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Oliver Mundell

Thank you for that. The power to restate can be used to consolidate REUL or assimilated law into a single instrument. What are the implications of that? What are your views on that? That question is open to all three witnesses.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Oliver Mundell

We have touched on this point already in relation to the appropriateness of the negative procedure, to which I will come back in a second. When it comes to restating REUL or assimilating law, the power to use different “words or concepts” does not go as far as making

“substantive change to the policy effect of legislation.”

Morag Ross mentioned substantive change in one of her answers. What is the threshold for substantive change? Where does that sit?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Oliver Mundell

That is okay. As no one else has a view on that, I will move on.

My final question is on regulations that reinstate REUL or assimilated law and that are subject to the negative procedure except when they amend primary legislation, in which case the draft affirmative procedure is to be used. What is your view on the appropriateness of that procedure? Obviously, that is slightly different to other parts of the bill.

10:30  

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Oliver Mundell

Do neither of the other witnesses have a view on that?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Oliver Mundell

If there is disagreement on whether a change is substantive, what does that mean for the parliamentary process?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Oliver Mundell

So, if such changes were subject to the negative procedure, that would be too low a bar, as was outlined earlier?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Oliver Mundell

Do the other two witnesses have any further comments to make on that point?

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 8 November 2022

Oliver Mundell

I wish to put on record that, in this instance, the primary legislation to which the instrument relates was rushed through Parliament, which is clearly a contributing factor in the breach. Although I respect Parliament’s decision, and understand the need now for the instrument to come into force, I am not content with the reason for the breach, as I believe that it could have been avoided if the primary legislation had followed the normal parliamentary procedure.