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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 May 2025
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Displaying 2053 contributions

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Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 5 October 2021

Stuart McMillan

Agenda item 5 is consideration of two instruments not subject to parliamentary procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 5 October 2021

Stuart McMillan

The final made affirmative instrument for consideration brings into force the Covid-19 vaccination certification scheme. Members will recall that the committee asked the Minister for Parliamentary Business a number of questions on the proposed scheme at its recent evidence session, and followed that up with a number of points of clarification.

The regulations were laid on Thursday 30 September before being brought into force on Friday 1 October. As such, this is the first opportunity that the committee has had to consider the regulations. No technical points have been raised on the regulations. I invite comments from members on the instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 5 October 2021

Stuart McMillan

Notwithstanding the points that colleagues have made about whether the made affirmative procedure or the affirmative procedure should have been used, no technical points have been raised on the regulations that are in front of us and on which we have to vote. As no technical points have been raised, I will vote for them.

It would be right for the committee to write to the Scottish Government to ask some questions about procedure and highlight the concerns that colleagues have raised. Who knows what will happen over the winter and what actions may or may not have to be taken as a result?

I will ask the question, although I understand what the answer will be: is the committee content with the regulations?

Members: No.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 5 October 2021

Stuart McMillan

The result of the division is: For 2, Against 3, Abstentions 0.

The committee is not content with the regulations. A report will be published setting out the committee’s decision on all the instruments that it is considering today. That will include a summary of the committee’s discussion. We will also write to the Government as agreed to highlight the points that have been raised regarding the procedure that was used.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 5 October 2021

Stuart McMillan

Agenda item 2 is consideration of three made affirmative instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 5 October 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 5 October 2021

Stuart McMillan

Welcome to the seventh meeting in session 6 of the Delegated Powers and Law Reform Committee. Before we move to the first item on the agenda, I remind everyone to switch their mobile phones to silent.

Agenda item 1 is to decide whether to take business in private. Is the committee content to take item 6 in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 5 October 2021

Stuart McMillan

An issue has been raised on Scottish statutory instrument 2021/322. The?instrument revokes three previous sets of regulations and replaces them with consolidated international travel regulations, with the aim of improving their readability and accessibility, as well as making certain specific changes.

In correspondence with the Scottish Government, the committee highlighted that schedule 4 to the instrument provides exemptions from requirements in the international travel regulations for certain people, including a “member of aircraft crew” as defined in subparagraph 10(2)(a)(ii).

The term “EU-OPS” is used in that paragraph, and it is defined in subparagraph 10(2)(c) with reference to the meaning of that term in paragraph 1 of schedule 1 to the Air Navigation Order 2016. However, there is no reference to EU-OPS in that order. The Scottish Government has confirmed that that is an error, in so far as there is no longer such a reference in the order, and it undertook to correct the error at the next available opportunity.

Are members content to report the instrument on reporting ground (h), on the basis that the instrument’s meaning could be clearer in that respect, and to welcome the Scottish Government’s commitment to clarify the position by updating the reference at the next available opportunity, which it has done in SSI 2021/343?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 5 October 2021

Stuart McMillan

Agenda item 3 is consideration of two affirmative instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Negative Procedure

Meeting date: 28 September 2021

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.