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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 5 May 2021
  6. Current session: 12 May 2021 to 15 January 2025
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Displaying 1116 contributions

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Delegated Powers and Law Reform Committee [Draft]

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

It does.

Delegated Powers and Law Reform Committee [Draft]

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

That is helpful.

We have already picked up on this, but I want to dig a wee bit deeper into the scrutiny of secondary legislation. One frustration of non-Government politicians is that they cannot amend secondary legislation—it is either a yes or a no. Last week, there was some talk, particularly from the academics, about devising a scheme of not necessarily amendments, but some kind of procedure whereby a committee or the Parliament could at least raise concerns and suggest how changes might be made. From a practical perspective, could that work in practice? Do you have experience of other jurisdictions that have that model?

Delegated Powers and Law Reform Committee [Draft]

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

Good morning. Thank you for coming. Before I move us on a wee bit, I am interested in returning to something that Lloyd Austin said in his previous answer, which is about spending more time scrutinising secondary legislation than primary legislation. We discussed that a wee bit last week. From a stakeholder perspective, how do you see that happening, and how would you like it to happen?

10:15  

Delegated Powers and Law Reform Committee [Draft]

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

I could change that.

Delegated Powers and Law Reform Committee [Draft]

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

Does anybody else want to come in on that point?

Delegated Powers and Law Reform Committee [Draft]

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

That is helpful. I will briefly touch on one other point. When we have a framework bill, there are questions about how well we can scrutinise the financial implications of secondary legislation. Obviously, we would have a financial memorandum, which my colleague Roz McCall has pointed out. Does anyone have experience, either positive or negative, of making sure that what the Government has said that legislation will cost is delivered, at the expected price?

Delegated Powers and Law Reform Committee [Draft]

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

Thank you for that—it was helpful.

Delegated Powers and Law Reform Committee [Draft]

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

Good morning. I want to follow up that point—and briefly, because I do not want to go too far down a rabbit hole.

In the witnesses’ opinion, given their expertise and knowledge, are we having more of these types of bills now than we had in, say, the 1980s and 1990s? If so, can they give us a reason why?

Delegated Powers and Law Reform Committee [Draft]

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

Sorry—I could not see you.

Delegated Powers and Law Reform Committee [Draft]

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

Jonnie Hall, I know that you are concerned about having the flexibility and speed of secondary legislation, particularly in an emergent situation. Would you have any concern around the greater scrutiny of secondary legislation, or is your concern more about its not holding anything up too much?