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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 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: 29 March 2022

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: 29 March 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

10:06 Meeting continued in private until 10:36.  

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 29 March 2022

Stuart McMillan

Welcome to the Delegated Powers and Law Reform Committee鈥檚 11th meeting in 2022. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent mode.

The first item of business is to decide whether to take items 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

European Union (Withdrawal) Act 2018

Meeting date: 29 March 2022

Stuart McMillan

The instrument relates to orders to preserve evidence. When the United Kingdom was a member of the EU, an EU Council framework decision established the rules under which EU member states would recognise and execute in their territory a freezing order issued by a judicial authority of another member state in the context of criminal proceedings.

The instrument has been laid under the negative procedure and is considered by the Scottish Government to be of low significance.

Is the committee content that the appropriate scrutiny procedure and categorisation have been applied to this instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 22 March 2022

Stuart McMillan

Under agenda item 3, we are considering two instruments subject to the negative procedure. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 22 March 2022

Stuart McMillan

Under agenda item 4, we are considering three instruments not subject to any parliamentary procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 22 March 2022

Stuart McMillan

Welcome to the Delegated Powers and Law Reform Committee鈥檚 10th meeting in 2022. Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent.

The first item of business is a decision on whether to take items 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: 22 March 2022

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 22 March 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 22 March 2022

Stuart McMillan

The instrument is made under the Police Act 1997. It amends the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010, which make provision for enhanced disclosures with suitability information relating to children and adults. The instrument adds an individual seeking to provide accommodation to a Ukrainian national who has left Ukraine in connection with the Russian invasion and any other person aged over 16 also residing on the premises that are to be used for the accommodation as two further categories of individuals to whom an exempted question may be asked for the purpose of an enhanced criminal record certificate.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure are required to be laid at least 28 days before they come into force, not counting recess periods of more than four days. In correspondence with the Presiding Officer, the Scottish Government explained that the regulations are required to come into force urgently in order to have a suitable safeguarding system in place for the imminent commencement of the homes for Ukraine scheme for those fleeing the Russian invasion of Ukraine.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j) in relation to its failure to lay the instrument in accordance with the laying requirements under the 2010 act?

Members indicated agreement.