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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 9 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 September 2022

Stuart McMillan

The second instrument that is in breach of the 2010 act extends the effect of food labelling transitional provisions until the end of 2023. The transitional provisions were due to expire at the end of September 2022.

The instrument breaches the 2010 act, as it was laid on 5 September and will come into force on 30 September 2022. In correspondence with the Presiding Officer, the Scottish Government explained that it was unable to comply with the laying requirements because of the timing of the announcement from the United Kingdom Government that the import controls on goods from the European Union to Great Britain were to be delayed from July 2022 until the end of 2023.

The Scottish Government also explained that it was necessary to breach the 28-day rule so that the transitional provisions would be extended beyond 30 September as intended, and therefore that labelling requirements remain in line with those in England and Wales.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements? At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 20 September 2022

Stuart McMillan

Welcome to the 23rd meeting in 2022 of the Delegated Powers and Law Reform Committee. The first item of business is to decide whether to take item 5 in private. Is the committee content to take item 5 in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 September 2022

Stuart McMillan

The instrument makes saving provisions in consequence of the expiry of part 1 of the Coronavirus (Scotland) Act 2020 and part 1 of the Coronavirus (Scotland) (No 2) Act 2020.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days.?The instrument breaches that requirement, as it was laid on 30 August 2022 and will come into force on 1 October 2022.

In correspondence with the Presiding Officer, the Scottish Government explained that it was unable to lay the instrument in late June to allow the full 28 days before coming into force. That was due to the fact that the final stages of the Coronavirus (Recovery and Reform) (Scotland) Act 2022 were also taking place at that time and may have necessitated further provision in the instrument.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements? At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 September 2022

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 6 September 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Approval

Meeting date: 6 September 2022

Stuart McMillan

The charter was previously laid in February 2022 and was subsequently withdrawn following questions being asked on behalf of the committee about whether the statutory consultation requirements had been met. That was still not clear in the revised charter that is before the committee today.

In correspondence with the Scottish Government on the revised charter, the committee asked whether there had been direct communication with all eight statutory consultees listed in section 33(2) of the Housing (Scotland) Act 2010 and whether any changes were made to the revised charter in light of direct communication from the statutory consultees.

The Scottish Government鈥檚 response, which can be found in the published papers for the meeting, lists the statutory consultees that responded to the consultation and the changes made to the charter in light of the consultation responses received. Given that the lead committee, which is the Local Government, Housing and Planning Committee, is likely to have an interest in that work, are members content for that correspondence to be drawn to the attention of the lead committee?

Members indicated agreement.

10:06 Meeting continued in private until 10:20.  

Delegated Powers and Law Reform Committee

Instruments not subject to any Parliamentary Procedure

Meeting date: 6 September 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Approval

Meeting date: 6 September 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 6 September 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to any Parliamentary Procedure

Meeting date: 6 September 2022

Stuart McMillan

Under agenda item 5, we are considering two instruments. An issue has been raised on the following instrument.