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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 12 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: 21 December 2021

Stuart McMillan

The instrument revokes and replaces the Red Rocks and Longay Urgent Marine Conservation Order 2021 (SSI 2021/131), due to the extension of the boundary of the designated Red Rocks and Longay area of the inner sound of Skye marine protected area. The instrument is to be brought into force urgently to further the stated conservation objectives for the marine protected area to protect flapper skate and their eggs.

The instrument was made and laid before the Parliament on 9 December 2021 and came into force on 16 December 2021. Accordingly, it does not respect the requirement in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument.

In its letter to the Presiding Officer explaining the reason why the 28-day rule has not been complied with, the Scottish Government outlined that, following advice from NatureScot, the extended marine protected area has been redesignated urgently and section 28(2) has been breached to remove the risk of further impacts on the flapper skate nursery area as soon as possible.

Does the committee agree to report the instrument on reporting ground (j), on the basis that there has been a failure to lay the instrument in accordance with laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010? Also, is the committee content with the Scottish Government鈥檚 explanation provided for the failure to comply with the laying requirements?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

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

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 21 December 2021

Stuart McMillan

Is the committee content with the instrument?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

The committee鈥檚 next meeting will take place on Tuesday 11 January 2022. It will include an evidence session with the Deputy First Minister and Cabinet Secretary for Covid Recovery, John Swinney MSP, as part of the committee鈥檚 inquiry into the use of the made affirmative procedure during the pandemic.

Before I close the meeting, I would like to wish all colleagues on the committee, all our committee staff and anyone who is watching a very merry Christmas and a happy new year. I hope that you all stay safe over the festive period. I look forward to working with colleagues again in 2022. It has certainly been a pleasure working with you since I became the convener after the election this year. Thank you for all of our work together.

Meeting closed at 10:13.  

Delegated Powers and Law Reform Committee

Instrument subject to Made Affirmative Procedure

Meeting date: 21 December 2021

Stuart McMillan

Thank you, Mr Simpson. I echo those comments, particularly regarding clarity for members of the public. Anyone who is a lawyer will be able to navigate their way around the situation, but I suggest that, in order to give clarity for members of the public in what is a fast-moving situation鈥攚e have seen a number of regulations in the area鈥攖he Scottish Government needs to improve. This is not a common occurrence by any manner of means. This is the first time that it has happened, as we will all acknowledge. However, I agree that we should write to the minister to highlight our concerns.

Does the committee also wish to note that the Scottish Government undertakes to clarify the anomaly in the instrument鈥檚 title in footnotes to subsequent amending instruments?

Other than the comments that have been made, no member has indicated that they are not content or that they wish to speak, so we are agreed on both points.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 21 December 2021

Stuart McMillan

Is the committee content with the instruments?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 21 December 2021

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

I will comment on one thing before I hand over to Graham Simpson. Last week, Dr Fox indicated to the committee that this type of debate has been going on since the early 1930s. It is obviously not a new debate, and it is clear that nobody has managed to reach a successful outcome since that time. I would imagine that, even if a successful outcome had been found at some point in the past or were to be found, different events will happen and different solutions will be required for them, too.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

I will come back on that point, Sir Jonathan. There are three devolved Parliaments in the UK as well as the UK Parliament. I do not have a specific example, but if the UK Government brought in a made affirmative instrument to change travel restrictions to make things harder or easier, but the devolved Administrations decided not to and to keep separate arrangements, I am sure that there would be political discourse challenging the devolved Administrations on why they were not following suit and keeping the arrangements as tightly drawn as possible to enable a four-nations approach on the issue. Do you agree?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

I hand over to Paul Sweeney.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Yes, it does. My question is on the matter of urgency, which Jonathan Jones has touched on and which Dr Fox commented on last week. My question is for both witnesses. Do you have any recommendations on the definition of urgency or the mechanisms that should be put in place that Governments would have to follow before using the made affirmative procedure?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Professor Tierney touched on September 11. As I prepared for today, I was struck by the events of 9/11 and by the situation when mad cow disease came into the UK. Are you aware of measures that were brought in at that time regarding the made affirmative procedure? Was any other scrutiny brought in with that? Those two huge events have had an impact on life ever since.