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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

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Okay—no problem.

Sir Jonathan, you spoke a moment ago about some things that could happen to try to provide more scrutiny. Graham Simpson gave the example of the Covid passport instrument. I am not sure whether you are aware of this but, prior to the final instrument coming to the Parliament, a statement was given in the chamber, and there were questions to the relevant minister. The Minister for Parliamentary Business also came before our committee and took questions from us.

There was some pre-scrutiny in that instance. I accept that there was not so much scrutiny of the instrument itself, but there were opportunities for dialogue and scrutiny with the relevant ministers. Clearly, colleagues might not have been happy with some of the responses from the minister, but that happens in every Parliament. However, that approach has not been taken with every made affirmative instrument that has come to the Parliament. I cannot comment about what happens elsewhere. I wanted to make you aware of the actions that took place, because that instrument clearly had a lot more public and political interest to it than many of the other made affirmatives that have come into the committee and the Parliament.

I have a question for both Professor Tierney and Sir Jonathan on the issue of legislation and the legal requirement to provide evidence of urgency. From what you have both said, it is clear that more information should be presented. Should that requirement be put on a legal footing? If that is the case, do you have any examples of existing legislation that could help with the situation that we currently face? Clearly, Covid is not going away any time soon and we will be living with it for some time, whether in an emergency situation, as at present, or further down the line when society has returned to a more normal state.

11:00  

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

I thank Professor Tierney and Sir Jonathan Jones for their helpful evidence. The committee might wish to follow up by letter any additional questions stemming from the meeting—we will discuss that later on this morning. Thank you very much to you both, gentlemen.

I briefly suspend the meeting to let the witnesses leave BlueJeans.

11:38 Meeting suspended.  

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Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 14 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.

11:57 Meeting continued in private until 12:35.  

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 14 December 2021

Stuart McMillan

Agenda item 4 is consideration of affirmative instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 14 December 2021

Stuart McMillan

Is the committee content with the draft regulations?

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

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

We have lost your sound, Professor Tierney.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

We are about to close but, before we do so, I ask the witnesses whether they have any additional comments or points that they would like to highlight that they feel have not been covered.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 14 December 2021

Stuart McMillan

The final point that I raised was about writing to the Cabinet Secretary for Justice and Veterans, and we will certainly incorporate members’ thoughts.

Is the committee content with those actions?

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 not subject to Parliamentary Procedure

Meeting date: 14 December 2021

Stuart McMillan

Item 6 is consideration of instruments that are not subject to parliamentary procedure and on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 14 December 2021

Stuart McMillan

Before our consideration of Scottish statutory instruments, I suggest to members that, as we are meeting online, you will find it more challenging to indicate agreement to the instruments under discussion. I therefore ask you to raise your hand if you are not content with the question being put or if you wish to talk about an instrument.

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