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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 7 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 21 February 2023

Stuart McMillan

Welcome to the Delegated Powers and Law Reform Committee’s sixth meeting in 2023. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent.

The first item of business is a decision on whether to take items 4, 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 21 February 2023

Stuart McMillan

Under agenda item 2, we are considering four instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 21 February 2023

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

10:08 Meeting continued in private until 10:29.  

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 21 February 2023

Stuart McMillan

The instrument provides for an increase in various benefit payments and associated earnings thresholds. The Scottish ministers failed to lay their response to the Scottish Commission on Social Security’s proposals with the instrument, as is required by section 97 of the Social Security (Scotland) Act 2018. The Scottish Government subsequently laid the response on 3 February 2023 and apologised for the oversight.

Does the committee wish to draw the instrument to the Parliament’s attention on the general reporting ground, in that the response to the Scottish Commission on Social Security proposals was not laid at the same time as the instrument? Also, is the committee content to note the apology received from the Scottish Government for the oversight? Further, does the committee wish to ask the Scottish Government to ensure that all required documentation is laid at the same time as an instrument is laid before Parliament?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 21 February 2023

Stuart McMillan

Under agenda item 3, we are considering five instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 21 February 2023

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 21 February 2023

Stuart McMillan

Also under this agenda item, no points have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 7 February 2023

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Stuart McMillan

Under item 5, we will take evidence from George Adam, the Minister for Parliamentary Business, in one of our regular sessions with him on the Scottish Government’s work that is relevant to the committee. The minister is accompanied by two Scottish Government officials: Rachel Rayner, deputy legislation co-ordinator in the legal directorate; and Susan Herbert, head of the subordinate legislation team in the Parliament and legislation unit. I welcome you all to the meeting.

I remind the witnesses not to worry about turning on microphones during the session, as they are controlled by broadcasting staff.

I invite the minister to make some opening remarks.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Stuart McMillan

One example of where particular issues arose was the Scottish Child Payment (Ancillary Provision) Regulations 2022 (SSI 2022/326). On 23 November 2022, the committee asked the Scottish Government why a further breach of the 28-day rule had occurred in relation to those regulations. The committee sought the Scottish Government’s assurance that its quality assurance processes were sufficient to ensure that subordinate legislation that is laid before the Parliament was fit for purpose. The Scottish Government responded that a review of its processes for developing and quality assuring social security regulations would be undertaken in order

“to learn lessons and strengthen procedure for the future.â€

Will you provide an update on that review?