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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

We have lost sound again, Professor Tierney.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 14 December 2021

Stuart McMillan

Colleagues have made a number of points there, for which I thank them.

First, does the committee wish to report that it is not content with the explanation that the Scottish Government has provided for a breach of the requirement in section 28(2) of the 2010 act? As the committee has done previously, I emphasise that the Scottish Government should normally comply with laying requirements to facilitate timely parliamentary scrutiny of such important policy choices.

Secondly, does the committee agree to highlight to the lead committee the correspondence that has been received from the Scottish Centre for Crime and Justice Research?

Finally, does the committee wish to highlight concerns about the speed of change in policy to the Cabinet Secretary for Justice and Veterans, who is responsible for prison reform and policy, and to the Minister for Drugs Policy?

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 14 December 2021

Stuart McMillan

Is the committee content with the 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

Instruments subject to Affirmative Procedure

Meeting date: 14 December 2021

Stuart McMillan

An issue has been raised on the draft regulations, which are made as part of a wider legislative framework for the administration of social security assistance in Scotland provided for by the Social Security (Scotland) Act 2018. Section 97(9) of that act includes a requirement on Scottish ministers at the time of laying the instrument to lay a response to the Scottish Commission on Social Security鈥檚 report on the proposals for the regulations or a statement explaining why ministers consider it appropriate to lay the draft instrument before the commission has submitted its report on the proposals for the regulations.

One set of amendments in this instrument was not reported on by the commission prior to the instrument being laid. A statement under section 97(9)(b) of the 2018 act was sent to the Social Justice and Social Security Committee on 1 December but the statement was not laid until 3 December. In a written response to a question from the committee, which can be found in the public papers for this meeting, the Scottish Government has apologised for that administrative oversight.

Does the committee agree to report the instrument on the general reporting ground in respect of a failure to lay the necessary statement when laying the draft instrument on 29 November 2021 as required under section 97(9)(b) of the 2018 act?

Although the committee might wish to welcome the Scottish Government鈥檚 apology for the administrative oversight and to acknowledge that it related only to one set of minor technical amendments and was corrected within four days, it was still a clear breach of the laying requirements. Does the committee also wish to write to the Minister for Parliamentary Business, highlighting its desire for all instruments to be laid correctly?

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

Also under this agenda item is another set of draft regulations, on which no points have been raised.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

Can you repeat your question, please?

Delegated Powers and Law Reform Committee

Instruments Subject to Made Affirmative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Item 4 is consideration of four instruments subject to the made affirmative procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments Subject to Made Affirmative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Is the committee content with the regulations?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments Subject to Made Affirmative Procedure

Meeting date: 7 December 2021

Stuart McMillan

On the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No 7) Regulations 2021 (SSI 2021/425), does the committee wish to highlight the Scottish Government鈥檚 response to the committee鈥檚 questions regarding the status of eligible vaccinated arrivals to consider from a policy perspective?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments Subject to Negative Procedure

Meeting date: 7 December 2021

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: 7 December 2021

Stuart McMillan

Under item 6, we are considering four instruments subject to the negative procedure.