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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 11 August 2025
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Displaying 914 contributions

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Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Bill Kidd

Thank you鈥攖hat is comprehensive. Are you still in talks with the Law Society over the issue, given the questions that it has raised?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Bill Kidd

On that basis, although Scottish Government ministers would be making an intervention, that would be to redirect the powers to the Lord President. Is that correct?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Bill Kidd

Thank you for your responses so far, minister. I want to ask a question about making changes to regulatory functions.

Paragraph 23 of schedule 2 provides that where a regulator has acted or failed to act in a way that has had, or is likely to have, an adverse impact on the observance of any of the regulatory objectives, and the matter cannot be addressed adequately by the Scottish ministers taking any of the measures mentioned in the bill, such as setting performance targets or imposing a financial penalty, the Scottish ministers may make regulations to change or remove some or all of the functions of the regulator. That sounds quite dramatic. Additional requirements must be met before such regulations may be made, including sharing them with consultees and laying them in draft before the Scottish Parliament.

Stakeholders who appeared before the committee have suggested that schedule 2 should be deleted in its entirety, given that they are also calling for the deletion of section 20, to which schedule 2 relates. Do you have any further reflections on the matter?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Bill Kidd

Thank you.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Bill Kidd

I have a question on reconciling different rules. Section 46(3) allows the Scottish ministers to make regulations making further provision about reconciling regulatory conflicts, with a requirement to obtain the Lord President鈥檚 consent before doing so. The Law Society has questioned the need for that section. Will you expand on your explanation of why the Scottish Government requires the power? How foreseeable do you consider it to be that the power will be utilised?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Bill Kidd

So that is still being brought up?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 7 November 2023

Bill Kidd

Will you remain in consultation with the Law Society and so on over that, given what you have said about the fact that you are still looking at how those provisions might develop?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 1 November 2023

Bill Kidd

Thank you. That response was very helpful, as I was also going to ask how the Scottish Government will monitor spending on aftercare costs. Obviously, as you have said, that will be very important, given the effects that this could have on other local authority budget areas. Is the Scottish Government taking that into account?

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 1 November 2023

Bill Kidd

Thank you for that.

Education, Children and Young People Committee

Children (Care and Justice) (Scotland) Bill: Stage 2

Meeting date: 1 November 2023

Bill Kidd

On the practicalities of local authority partners implementing elements of the bill, one issue relates to supervision or guidance for those over the age of 18 and aftercare for those leaving secure care. As has been mentioned, COSLA gave evidence to the committee last week. Ben Farrugia and Jillian Gibson highlighted the difficulty of costing aftercare support. Ben Farrugia said that local authorities have to find a way to fund aftercare packages, because that is a statutory duty for them, and that that sometimes leads to overspends, which means that savings and cuts have to be made elsewhere. Jillian Gibson, from COSLA, said that the bill will expand aftercare support to more 16 and 17-year-olds but, as has been mentioned, there is no way to know what support needs those young people will have and, therefore, what the costs will be. Do you have any ideas?