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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 4 May 2025
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Displaying 2046 contributions

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Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

Before I bring in Daniel Johnson, I will ask a supplementary question. I touched on this issue last week. This is a Parliament of minorities. The Senedd and the Northern Ireland Assembly are, too, which is in contrast to the UK Parliament, which tends, apart from a very short period of time when there was a coalition, to be a Parliament of majorities. On the suggestion of the potential to amend subordinate legislation, notwithstanding what has already been said, if that were to happen in a Parliament of minorities, could you foresee a situation in which the Government of the day finds it difficult to get anything done or to make any legislative changes, compared with a Parliament where there is an absolute majority?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

Vicky?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

That takes us nicely to the next question regarding definitions. Last week, the committee heard evidence on whether there should be a definition of framework legislation, and it came across very clearly that that that would be difficult, because such legislation is a spectrum rather than something that is set hard and fast. That has helped to shape what the evidence sessions going forward will be. We also considered whether framework bills should be labelled as such when they are introduced in Parliament. Would labelling bills as framework bills be useful for stakeholders and help to improve scrutiny? If so, why?

I will start with you, Adam, since you went into this debate first.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

I am sure that you could. [Laughter.]

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

I welcome our second panel of witnesses. Michael Clancy is director of law reform at the Law Society of Scotland; Vicky Crichton is director of public policy at the Scottish Legal Complaints Commission and Kay Springham KC is from the Faculty of Advocates.

Before we start, I remind witnesses not to worry about the microphones because they will be switched on automatically, and do not feel that you have to answer every question. Simply indicate if a question is not for you—that is fine—and if you want to come in, please indicate to me or the clerks. We plan to allow approximately one hour for questions. Panel 1 overran a little.

I move directly to questions. I am conscious that the witnesses were sitting in the public gallery for the first evidence session, so you will have heard some of the first panel’s comments, and you will have seen the Official Report of last week’s meeting. Should a definition of framework legislation be agreed between the Scottish Government and the Scottish Parliament, and if so, why? How would a definition aid scrutiny? The first panel of witnesses discussed that a great deal. Could having a definition have any unintended consequences?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

I thank the witnesses for their contributions. If you would like to put more comments on the record, please do so in writing after today’s meeting.

12:20 Meeting continued in private until 12:38.  

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

Yes, if you would like to.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

That was helpful—thank you. Do you want to comment, Kay?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

From respondents who have sent us information, we have heard a range of views on whether there should be guidelines on when framework legislation can be introduced. What are your thoughts on the establishment of set criteria to govern when framework bills can be introduced?

Certainly, the submission from the NFU Scotland highlighted three points, which I will read out. It says:

“1) There is a need to deliver flexibility and adaptivity to mitigate possible future challenges.

2) Extensive work is undertaken with relevant stakeholders before and during the parliamentary process.

3) A clear indication of the overall required outcomes is set out by the Scottish Government.â€

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 14 January 2025

Stuart McMillan

Welcome to the second meeting in 2025 of the Delegated Powers and Law Reform Committee. I remind everyone to switch to silent or turn off their mobile phones and other electronic devices.

The first item of business is to make a decision on taking business in private. Does the committee agree to take agenda items 5 and 6 in private?

Members indicated agreement.