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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

Instrument subject to Affirmative Procedure

Meeting date: 14 January 2025

Stuart McMillan

The committee will now consider an instrument that is subject to the affirmative procedure. No points have been raised on the draft instrument. Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 14 January 2025

Stuart McMillan

Does the committee wish to note that the original draft of the instrument was withdrawn and the present version laid following questions that the committee raised with the Scottish Government?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

We move to agenda item 4, which is an evidence session for the committee’s inquiry into framework legislation and Henry VIII powers. I welcome our first panel of witnesses. Rosemary Agnew is the Scottish Public Services Ombudsman, Lloyd Austin is the convener of Scottish Environment LINK, Jonnie Hall is the deputy chief executive officer and director of policy at the NFU Scotland, and Adam Stachura is the associate director for policy communications and external affairs at Age Scotland.

Do not worry about turning on the microphones, because that will happen automatically. If you would like to answer a question, please raise your hand or indicate to the clerks. There is no need to answer every question, but please feel free to provide a written follow-up to any question after the meeting. We plan to spend approximately one hour on questions before we move on to our second panel of witnesses.

In your written submissions, you have all expressed your views on when framework bills are appropriate and when they are less appropriate. Are there particular policy areas for which framework legislation might be more appropriate? If so, why? If not, why not?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

I think it is fair to say that, certainly in this committee, because it is not a subject policy area committee, a lot less of that takes place. That has been a consistent approach for many, many years in this committee, in contrast to other committees.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

It is helpful, and it is very thought provoking. Thank you, Michael.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

We heard last week about the spectrum. It is fair to say that it would be difficult to get to an exact definition of framework or skeletal legislation. However, we heard last week and this morning about a potential set of criteria for considering framework or skeletal legislation.

I read out the three points that NFU Scotland made in its submission earlier and I will read them out again for the witnesses to hear:

“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€

Would those three points aid any definition of or assistance with what people consider to be framework legislation and the scrutiny of said legislation? I will start with Vicky Crichton.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

Thank you very much. I call Roz McCall.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

I call Jeremy Balfour.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

Daniel Johnson has a supplementary question before I bring in Roz McCall.

Public Audit Committee

Section 22 Report: “The 2023/24 audit of the Water Industry Commission for Scotlandâ€

Meeting date: 9 January 2025

Stuart McMillan

That is helpful—thank you. I move on to WICS’s international work. On the face of it, WICS has managed to bring a substantial amount of additional revenue into Scotland, but there is a bit of ambiguity regarding the accounting and the actual sums of money.

On WICS’s international work starting again, your report is clear. It says:

“It is critical that appropriate governance arrangements and financial policies are in place to provide clarity on what is permissible activity and expenditure as part of this work.â€

I am aware that the final decision on international work will be taken in spring this year. What needs to happen to ensure that any international work that WICS undertakes is in line with the expectations for public sector bodies?