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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

Instrument subject to Negative Procedure

Meeting date: 14 December 2021

Stuart McMillan

An issue has been raised on this instrument, which amends the Prisons and Young Offenders Institutions (Scotland) Rules 2011. As it was laid before the Parliament on 30 November and came into force on 13 December 2021, it does not respect the requirement in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2021 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.

Before I invite comments from members on whether the breach of the 28-day rule was appropriate, does the committee agree to report the instrument on reporting ground (j) for failure to lay it in accordance with laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010?

No member has indicated that they are not content, so we are agreed.

As well as the explanation provided by the Scottish Government for the breach, members will have seen the correspondence from the Scottish Centre for Crime and Justice Research. Although the letter probably focuses more on wider policy concerns instead of issues that fall within our technical remit, it also refers to the speed with which the changes have been implemented.

Do members have any comments?

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 14 December 2021

Stuart McMillan

Agenda item 5 is consideration of a negative instrument.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 14 December 2021

Stuart McMillan

Welcome to the 14th meeting in session 6 of the Delegated Powers and Law Reform Committee. The meeting is taking place virtually, following the guidance that the Presiding Officer issued last week to limit the number of people attending Holyrood and was agreed by the Scottish Parliamentary Corporate Body and the Parliamentary Bureau. The intention is to help the Parliament play its part in limiting transmission of the virus.

The first item of business is to decide whether to take items 7, 8, 9 and 10 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Item 2 is an evidence session for the committee鈥檚 inquiry into use of the made affirmative procedure during the coronavirus pandemic. This is the second of two evidence sessions planned for this month, before the committee hears from the Scottish Government in January.

I welcome to the meeting Professor Stephen Tierney, who is professor of constitutional theory at the University of Edinburgh鈥檚 school of law, and Sir Jonathan Jones QC, who is a former permanent secretary of the United Kingdom Government Legal Department and is now at Linklaters LLP. We are grateful that you are both able to attend virtually. I remind all attendees not to worry about turning on their microphones during the meeting, as they are controlled by our broadcasting staff.

I will start the questioning. Before we move to specific questions on the use of the made affirmative procedure, do the witnesses have any initial observations on the use of the procedure during the pandemic?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Thank you. I will bring in Craig Hoy.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Graham Simpson wishes to ask a supplementary question.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Okay. Sir Jonathan鈥擺Interruption.]

Sorry, Professor Tierney鈥擨 think that you are still talking, but no sound is coming through. Are you finished?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

I have looked through the meeting papers and the Official Report of our meeting on Tuesday 7 December and have considered the experience that we have all had over the past nearly 20 months.

Would it be fair to say that experience has shown that Governments cannot legislate for every eventuality, whether in primary or secondary legislation? There have been a number of complications and challenges for parliamentarians when we have attempted to undertake our work.

10:15  

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

I will come back to that in a moment. Professor Tierney, do you want to add to that?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Yes.