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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 21 June 2025
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Displaying 1160 contributions

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Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

I will come back in on the point around clause 8 and legislative hierarchy. Clause 8 relates to the removal of the principle of supremacy of EU law. Clause 4 reverses the principle that retained EU law takes precedence over incompatible domestic law. The power in clause 8 will enable ministers to specify that the reversal of the principle does not apply to specific pieces of domestic law and retained EU law and, therefore, that retained EU law continues to take precedence. That will allow ministers to retain the existing hierarchy where that is desirable in order to avoid unintended consequences or to ensure continuity.

The power in clause 8 is exercisable by Scottish and UK ministers in areas of devolved competence. UK ministers are therefore given the power to set the interpretative hierarchy that applies to legislation in devolved areas—bearing in mind that the devolution settlement was never designed with the presumption that we would end up being outside the EU, which has caused disruption.

Do you have any comments to offer on that? I will start with Dr Tucker.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

That is helpful—thank you, Dr Tucker. Sir Jonathan, do you have anything further to add?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

That is certainly helpful. It begs more questions than answers, but I guess that that is just a sign of the constitutional immaturity of the way in which the UK Government is proceeding.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

Thank you very much, Dr Tucker. That is really helpful with regard to understanding the broader political concerns. Do you have any further comments in relation to the broad scope of that clause, Sir Jonathan?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Paul Sweeney

To verify your position, would you regard the use of secondary legislation for the purpose of the revocation and replacement of REUL as completely inappropriate? Based on the need for scrutiny, should the emphasis, or at least the general presumption, be on using primary legislation rather than on using secondary legislation?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 7 December 2022

Paul Sweeney

I have a small supplementary, convener, if that is okay.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 7 December 2022

Paul Sweeney

Transport Scotland’s submission refers to the disabled persons railcard. You might already have hinted why that is insufficient. Is it insufficient because of the lack of arrangements for companion travel?

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 7 December 2022

Paul Sweeney

I am interested to know what costings you have developed. You hinted that money would be saved. I was intrigued by your point.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 7 December 2022

Paul Sweeney

In relation to that practice, Dr Carole Hunter made a key point about the support of the pharmacy network in Scotland, particularly around seven-day access. Does the minister have a view on how the pharmacy network could support the infrastructure around releasing prisoners from custody? I am particularly thinking about potential changes to doses when people who have been in a custody setting have to manage their medication outside.

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 7 December 2022

Paul Sweeney

A key aspect that was discussed in a previous evidence session was the risks that are associated with release from custody, particularly the Friday release practice, which the “Changing Lives” report recommended should be banned as expeditiously as possible. Will the minister give us an update on where the Government is with progressing that?