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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 Not Subject to Parliamentary Procedure

Meeting date: 7 December 2021

Stuart McMillan

Item 7 is consideration of an instrument not subject to parliamentary procedure and on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments Subject to Negative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Is the committee content with the explanation provided by the Scottish Government for breach of the requirement in section 28(2) of the 2010 act?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 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 first of two evidence sessions that are planned for this month, before the committee takes evidence from the Scottish Government in January.

I welcome to the meeting Dr Ruth Fox from the Hansard Society, who is appearing remotely from London, and Morag Ross QC from the Faculty of Advocates, who is joining us in the committee room. We are very grateful that both of you are able to attend the meeting.

I will start the questioning. I would be grateful to get an understanding of your general views on the made affirmative procedure. For example, what are your observations on the frequency of use of the procedure during the coronavirus pandemic compared with its use pre-pandemic?

Delegated Powers and Law Reform Committee

Instruments Subject to Made Affirmative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Does the committee wish to note that those regulations address an issue that was identified by the committee at its meeting on 9 November 2021 regarding regulation 4(d) of SSI 2021/359?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments Subject to Affirmative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Item 5 is consideration of two draft instruments subject to the affirmative procedure鈥攁 set of draft regulations and a relaid draft order鈥攐n which no points have been raised.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

I call Dr Fox.

I think that there is an issue with the sound.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

You touched on the final point that I want to explore, which concerns the consistency of the instruments that are brought forward. With every piece of legislation that comes forward, some individuals will criticise it no matter what it says, while others will look at it from a different perspective.

With regard to the made affirmative instruments that have been brought forward, do you have any thoughts or considerations as to how they have been drafted? Do you have any opinion as to whether any of the instruments has not been drafted well, and whether that has created a situation in which the law may be difficult to understand? Alternatively, do you believe that the majority, if not all, of the instruments are easily read and understood?

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 30 November 2021

Stuart McMillan

The committee鈥檚 next meeting will take place on Tuesday 7 December.

Meeting closed at 10:26.  

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 30 November 2021

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 30 November 2021

Stuart McMillan

Good morning, and welcome to the Delegated Powers and Law Reform Committee鈥檚 12th meeting in session 6. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent.

The first item of business is consideration of the following instrument, which is subject to the affirmative procedure.