Delegated Powers and Law Reform Committee
Meeting date: Tuesday, June 22, 2021
Official Report 474KB pdf
Contents
- Attendance
- Interests
- Convener
- Deputy Convener
- Decision on Taking Business in Private
- Instruments subject to Made Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
- Legacy Paper
Instruments subject to Negative Procedure
Agenda item 6 is consideration of seven instruments subject to negative procedure.
Education (Scotland) Act 1980 (Modification) Regulations 2021 (SSI 2021/210)
Coronavirus (Scotland) Act 2020 (Early Expiry of Provisions) Regulations 2021 (SSI 2021/214)
Sexual Offences Act 2003 (Prescribed Police Stations) (Scotland) Amendment Regulations 2021 (SSI 2021/220)
Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2021 (SSI 2021/221)
Homeless Persons (Unsuitable Accommodation) (Scotland) (Modification and Revocation) (Coronavirus) Amendment Order (SSI 2021/222)
Act of Sederunt (Fees of Messengers-at-Arms and Sheriff Officers) (Amendment) 2021 (SSI 2021/225)
Coronavirus (Scotland) Act 2020 (Early Expiry of Provisions) (No 2) Regulations 2021 (SSI 2021/236)
An issue has been raised on SSI 2021/236. The instrument brings forward the expiry date of three provisions in the Coronavirus (Scotland) Act 2020 that affect the work of the Parole Board for Scotland. It was laid on 10 June 2021 and came into force on 14 June 2021. As it was laid less than 28 days before it came into force, it is in breach of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which requires that negative instruments are laid at least 28 days before they come into force, not counting recess periods of more than four days.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j) as it has been laid less than 28 days before coming into force and, therefore, has breached the laying requirements under the 2010 act?
Does the committee also wish to note that it is satisfied with the explanation provided for failure to comply with the laying requirements?
As no member has indicated that they are not content or that they wish to speak, we are agreed.
I am sorry to be awkward, but I see from the chat box that Mr Sweeney had indicated that he wanted to speak on a previous instrument. He may be struggling with the platform, which is understandable.
Thank you, Mr Simpson. I see that point now; it relates to agenda item 5.
I am sorry for the confusion. I have a concern about the potential deficiency of SSI 2021/242 in respect of consumer rights. The Trainline has said that the Government has to advise the rail industry that only passengers travelling for essential purposes can travel and that those travelling for non-essential reasons should be refunded. The lack of provision in the SSI could potentially cause significant financial detriment. Should we raise that concern with the Government?
That is not a technical matter for the committee, but perhaps the legal team can provide advice on that point.
That is correct. No reporting grounds are engaged under the committee’s technical remit. Andy Proudfoot might have a view on how the committee might wish to handle the raising of Mr Sweeney’s concern.
Are you content with that explanation, Mr Sweeney?
That is helpful, convener.
We could note in our report that the lead committee might want to pick that up in its consideration.
I would be happy for us to do that.
That would be a helpful way for us to raise that concern.
Let us go back to agenda item 6 and instruments subject to the negative procedure.
No points have been raised on SSI 2021/210, SSI 2021/214, SSI 2021/220, SSI 2021/221, SSI 2021/222 and SSI 2021/225.
No member has indicated that they are not content, so the committee is agreed.