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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 19 June 2025
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Displaying 286 contributions

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Delegated Powers and Law Reform Committee [Draft]

Minister for Parliamentary Business

Meeting date: 1 April 2025

Jamie Hepburn

We will certainly endeavour to do so. There will be some instruments that might be longer than others.

This may be an issue that one of the committee members was going to follow up with me, but I am aware that there was a particular issue with one instrument. That goes back to the point about an instrument being withdrawn and relaid. A particularly lengthy set of regulations went to the Net Zero, Energy and Transport Committee, and the committee had concerns about the time that was available to it to consider that instrument.

Following that experience and after discussion with officials, at my request, my officials have reviewed and updated the guidance for SSIs to emphasise the absolute need for the people with policy responsibility for any SSI to engage with the relevant subject committee as early as possible if there are to be regulations of significance. Clearly, we want to ensure that the relevant committee can build that into its programme and understand that it will have to set aside time for that.

We have also implemented an initial level of triage for bids for SSIs that are lengthy or complex. That is an internal process, through which we can ensure that the instrument is in the right place and that it absolutely needs to be one lengthy instrument. There might be another means of handling the issue, such as breaking it down into more than one instrument. That would not necessarily reduce workload for the committee overall, but it might make the process more manageable. That will enable my officials, who have overall responsibility for ensuring that the programme of legislation moves forward鈥攂ut not direct policy responsibility鈥攖o re-emphasise the need for such engagement with the relevant committee. That is a practical example of having learned from experience to make sure that we refine and improve our processes going forward.

Delegated Powers and Law Reform Committee [Draft]

Minister for Parliamentary Business

Meeting date: 1 April 2025

Jamie Hepburn

I have made the point that there are some complexities involved relating to interactions with other subordinate legislation and the other demands on those who are involved in the process across a range of other activities. That is the challenge that we face.

Delegated Powers and Law Reform Committee [Draft]

Minister for Parliamentary Business

Meeting date: 1 April 2025

Jamie Hepburn

There is a commitment to refer one in each parliamentary year, so yes. We will make it clear in due course what that might be, but, essentially, we intend to meet the agreement that we have with the committee.

Delegated Powers and Law Reform Committee [Draft]

Minister for Parliamentary Business

Meeting date: 1 April 2025

Jamie Hepburn

Certainly鈥攋ust let me get to the right part of my briefing papers.

Inevitably, some LCMs will come to the Scottish Parliament arising out of the UK Government鈥檚 programme. As to what those might be, that is something that we would flag in the usual fashion.

We have given some indication of legislation that we anticipate might require an LCM in due course, including the proposed railways bill, the Artificial Intelligence (Regulation) Bill, the Absent Voting (Elections in Scotland and Wales) Bill鈥攁 private member鈥檚 bill, which I am involved in responding to on our side鈥攖he Animal Welfare (Import of Dogs, Cats and Ferrets) Bill and various other bills. Any LCMs that might be lodged in connection with those bills would be dealt with in the usual way, and we would certainly let the committee know as quickly as possible if any were to trigger the specific interests of this committee. That said, looking down the list, I cannot see any that would require the specific, detailed consideration of this committee; I think that they would all be more for subject committees to consider.

Delegated Powers and Law Reform Committee [Draft]

Minister for Parliamentary Business

Meeting date: 1 April 2025

Jamie Hepburn

Again, that is a matter of on-going discussion with the UK Government. I understand that the Chancellor of the Duchy of Lancaster has written to your committee on the issue, and both Administrations are aware of the Scottish Parliament鈥檚 desire to have a scrutiny role with regard to those matters. I am also desirous of that, where that is sensible and proportionate to do so. I have made a commitment that we will continue to press that case with the UK Government. I have already made the point that I am looking to meet my counterpart in the Scotland Office, Kirsty McNeill, and I will make that point to her as well.

Delegated Powers and Law Reform Committee [Draft]

Minister for Parliamentary Business

Meeting date: 1 April 2025

Jamie Hepburn

Of course.

Delegated Powers and Law Reform Committee [Draft]

Minister for Parliamentary Business

Meeting date: 1 April 2025

Jamie Hepburn

I recognise that that is taking too long; I will not suggest otherwise. Work is on-going on a proposed section 93 order under the Scotland Act 1998 that will correct the error in the 2019 order. One of the challenges that we face, which has raised some complications, is that there is another proposed instrument in play that is interlinked, so that needs to be worked through. That involves us having to interact with the UK Government, which inevitably adds a layer of complexity. I am not trying to suggest that there is fault at either end, but that is an inevitable part of the complexity of the process.

I am looking to meet with my counterpart in the UK Government鈥檚 Scotland Office, Kirsty McNeill, in due course. This issue is one of the specific things that I want to discuss to try to make sure that we make some substantial progress so that, the next time that I am before the committee, I hope that I will be able to report that we have achieved such.

Delegated Powers and Law Reform Committee [Draft]

Minister for Parliamentary Business

Meeting date: 1 April 2025

Jamie Hepburn

I will come back to the committee on that as soon as possible. I need to engage with the UK Government to be able to give a more definitive answer.

Delegated Powers and Law Reform Committee [Draft]

Minister for Parliamentary Business

Meeting date: 1 April 2025

Jamie Hepburn

There is on-going engagement between officials in the Scottish Government and those in the UK Government to try to resolve the issue.

Delegated Powers and Law Reform Committee [Draft]

Minister for Parliamentary Business

Meeting date: 1 April 2025

Jamie Hepburn

We continue to work our way through the various historical commitments that we have made. For example, we are due to lay instruments relating to police, teacher and firefighter pensions on 24 April.

The regulations that relate to the national health service pension schemes will become part of a wider amending instrument that is required to bring NHS remediable service regulations up to date. That instrument is anticipated to be laid before the summer recess.

We also intend to lay regulations relating to the Valuation (Proposals Procedure) (Scotland) Amendment Regulations 2024 (SSI 2024/186) before the summer recess, which will seek to remedy the point that the committee raised.

An amendment will be made to the Burial (Applications and Register) (Scotland) Regulations 2024 (22I 2024/334) at the same time as the next set of burial regulations are made under the terms of the primary legislation, the Burial and Cremation (Scotland) Act 2016. We will keep the Parliament updated on the timings.