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The need for post-legislative scrutiny arises out of concerns expressed that parliaments (not just the Scottish Parliament) are not doing enough to assess the effectiveness of legislation once it has become law, given the volume of legislation they now have to deal with and the limited amount of time they have to reflect on legislation already passed.
Committee consideration, conclusions and recommendations
The Committee understands the concern expressed by Lord Lisvane about seeking to stem framework legislation at source.
The Minister and his officials were not aware of the DPLR Committee’s comment regarding a duplicate paragraph 32AAA but stated that “it may be possible to deal with this as drafting points” during the passage of the Education (Scotland) Bill.
The Committee expressed disappointment in the lack of detail contained in the policy note.
It is based on an analysis of 253 committee recommendations and subsequent government responses as well as interviews with MSPs and officials on certain committees which undertook post-legislative scrutiny during Session 5. The views expressed in this briefing are the views of the author, not those of SPICe or the Scottish Parliament.
Magdalene Robertson told the Committee that there is no reason to create another code, saying that consideration should be given to “what would happen if there were a breach of the Code of ethics that the police are already sworn to”. Ms Robertson said—
“I cannot express how much I disagree with doing that.
Similarly, during evidence sessions, witnesses have expressed their overall support for the proposed democratic engagement fund, with some of them, for example the AEA and Professor Clark, noting the need for a clear objective to allow for the money to be used efficiently.
Witnesses from alcohol and drug support organisations argued that, since its introduction, MUP had had a positive impact on tackling alcohol consumption in Scotland. On this basis, they expressed support for continuation of the policy beyond its current expiry in April 2024 and for an increase in the minimum price per unit of alcohol to 65p.
to strike a balance between the requirement to better constrain financial risk whilst addressing the concerns expressed by Local Government within the consultation responses received.?
Introduction of a complainer's fee
The Scottish Law Agents’ Society expressed a wish to see the introduction of a £60 fee to make a complaint, refundable on success.