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 1317 contributions
Delegated Powers and Law Reform Committee
Meeting date: 14 December 2021
Paul Sweeney
That is helpful. I suppose that necessity is sometimes the mother of invention. You have described the time constraints that might drive behaviours that are not necessarily malicious or malign in intent but that are simply a by-product of other pressures in the system. Your suggestions are helpful and could assist.
Dr Fox, in her evidence to the committee, described the trend towards drafting 鈥渟keleton bills鈥 that are, because of their architecture, prone to be massively expanded on by secondary legislation. That trend in the design of legislation might be why the propensity to use delegated powers in such a way has expanded significantly in recent years. What might recent primary legislation and the nature of the powers that have been given to ministers mean for the exercise of executive powers in future? Do you agree with the observation about skeleton bills and that the architecture of bills has substantially changed in recent years, which has perhaps driven some of the behaviours that we have talked about and expanded the use of secondary legislation?
That could tie into your points about a code, Professor Tierney, or even legislation to tighten up the design of bills.
Delegated Powers and Law Reform Committee
Meeting date: 14 December 2021
Paul Sweeney
It is certainly a cause for concern. Sir Jonathan, do you have any thoughts on that question?
Delegated Powers and Law Reform Committee
Meeting date: 7 December 2021
Paul Sweeney
Sorry about that. The discussion has been really interesting to follow, and I thank both the witnesses for their insights.
I have a question for Ms Ross. From a historical perspective, as much as anything else, does the increasing use of the made affirmative procedure represent a general shift of legislative power away from the Parliament towards the Executive? Is that a valid observation?
Delegated Powers and Law Reform Committee
Meeting date: 7 December 2021
Paul Sweeney
That is a helpful insight. I am sure that you will have a perspective on that, Dr Fox, given the study that you did in the House of Commons in 2017. Controlling for the pandemic, what would be your general impression from a historical perspective? Is there a long-term trajectory of the erosion of parliamentary power relative to the Executive? Should that be of concern to members of the Scottish Parliament as well as members of the House of Commons?
Delegated Powers and Law Reform Committee
Meeting date: 7 December 2021
Paul Sweeney
That is an interesting insight鈥攖he perils of elective dictatorship. It is an interesting point to hold in perspective in relation to the Scottish Parliament, because the parliamentary arithmetic here is somewhat different and there is scope for us to scrutinise and to hold the Executive鈥檚 feet to the fire on inadequate provision in bills and ensure that they are not just skeletons, as you put it. That is worth considering.
It was helpful to have that stated explicitly for the purposes of what we are trying to achieve, so thank you for those non-technical takes. Is there anything further that you want to add that we have not considered about the made affirmative procedure and its scrutiny process? Both witnesses should feel free to jump in.
Delegated Powers and Law Reform Committee
Meeting date: 7 December 2021
Paul Sweeney
Can you hear me all right now, convener?
Delegated Powers and Law Reform Committee
Meeting date: 7 December 2021
Paul Sweeney
[Inaudible.]鈥攖o understand some of the鈥
Citizen Participation and Public Petitions Committee
Meeting date: 1 December 2021
Paul Sweeney
I do not find the Scottish Government鈥檚 response remotely convincing. There are extensive means by which ministers in Scotland can exert influence on the bus sector to change its practices, given the significant level of public funding that the sector enjoys, which is vital to its operation.
Furthermore, it seems like a bit of a cop-out for the Government to say, on the one hand, that the regulations are reserved and, on the other, that the operating administration is dealt with by local councils. That is not convincing. The Government is basically trying to bat away the issue. More can be done, and more scrutiny is required.
My Glasgow region colleague Pam Duncan-Glancy has given testimony that she has had significant issues with access to buses in Glasgow. In particular, First Bus Glasgow has a policy that only one wheelchair user is permitted per bus. Her husband is also a wheelchair user, so they are regularly split up and have to take two different buses to get somewhere by public transport. That seems appalling, given that there is adequate space on buses for both wheelchairs. Apparently, the company does that in order to preserve space for a potential pram user.
Those things are problematic and need further investigation, so I am minded to invite our colleague to address the committee on this and potentially consider additional submissions.
Citizen Participation and Public Petitions Committee
Meeting date: 1 December 2021
Paul Sweeney
The petitioner鈥檚 submission is harrowing and it would be good to invite her to give evidence orally to the committee if possible. That would be an appropriate first step.
Citizen Participation and Public Petitions Committee
Meeting date: 1 December 2021
Paul Sweeney
I agree with that. I do not know whether it is easy to define in law at what point estrangement takes place. I do not know whether that is clearly defined in legislation, so that might be the complexity that arises from the petition.