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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 Affirmative Procedure

Meeting date: 30 November 2021

Stuart McMillan

Thank you, colleagues.

There are a couple of points. First, on the drafting of the instrument, as has been discussed, it is not considered to be technically deficient鈥攖hat is the advice that we have received from our legal team. Taking that into account, 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

On the other issues that colleagues have raised, it would be sensible to write to the COVID-19 Recovery Committee to raise those points. As I said, we reserve the right to bring the instrument back to the committee next week if that is required. Is the committee content with that approach?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 30 November 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 30 November 2021

Stuart McMillan

The regulations were laid yesterday and amend the Covid certification scheme so that it will be possible to access venues or events that are covered by the scheme by showing either proof of vaccination or exemption from the scheme鈥攁s happens now鈥攐r a recent negative test result. The Scottish Government considers it necessary to implement the change from next Monday, which is 6 December.

The Government has chosen to use the affirmative procedure rather than the made affirmative procedure on this occasion. However, the timescale does not allow for the normal scrutiny timescale for affirmative instruments. Although the committee has in the past called for the affirmative procedure to be used instead of the made affirmative procedure, that should not be at the cost of proper parliamentary scrutiny. I am minded to agree to the timetable that the Scottish Government has set out on this occasion, but I am clear that that does not set a precedent for future regulations.

Although, in the very limited time available, no points have been raised on the instrument, I reserve the committee鈥檚 right to look at it again next week, should any issues subsequently be found. We could then write to the Scottish Government to highlight anything that may emerge as a consequence.

Do colleagues have any comments on the instrument?

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 30 November 2021

Stuart McMillan

Under agenda item 2, we are considering instruments subject to the negative procedure. No points have been raised on the following Scottish statutory instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 30 November 2021

Stuart McMillan

Also, does the committee wish to welcome the fact that SSI 2021/424 rectifies errors in the Public Procurement (Agreement on Government Procurement) (Thresholds etc) (Amendment) (Scotland) Regulations 2021 that were highlighted by the committee at its meeting on 16 November?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 30 November 2021

Stuart McMillan

Under the final agenda item, we are considering an instrument that is not subject to parliamentary procedure and on which no points have been raised.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 23 November 2021

Stuart McMillan

Welcome to the Delegated Powers and Law Reform Committee鈥檚 11th meeting in session 6. Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent.

The first item of business is to decide whether to take items 4 and 5 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 23 November 2021

Stuart McMillan

Under agenda item 2, we are considering an instrument subject to the affirmative procedure. No points have been raised on the following draft instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 November 2021

Stuart McMillan

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