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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 19 June 2025
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Displaying 544 contributions

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Constitution, Europe, External Affairs and Culture Committee

Devolution Post-EU

Meeting date: 23 March 2023

Maurice Golden

Thank you. That is very helpful.

10:15  

Constitution, Europe, External Affairs and Culture Committee

Devolution Post-EU

Meeting date: 23 March 2023

Maurice Golden

In your submission, you made a number of recommendations regarding reforms that you would like to be made to the United Kingdom Internal Market Act 2020, including the statutory grounds on which market access principles can be disapplied. You also suggested that there is no reason why, in principle, devolved primary legislation should be subject to the subsidy control principles when UK primary legislation is not.

Could the reforms that you suggested be made in a way that would maintain the United Kingdom Internal Market Act 2020 market access principles of mutual recognition and equal access to the same degree to which they are currently enshrined, or would implementing those changes involve a degree of watering down the principles, which could, in turn, impact the ability of Scottish businesses to trade freely and fairly with the rest of the UK?

Constitution, Europe, External Affairs and Culture Committee

Devolution Post-EU

Meeting date: 23 March 2023

Maurice Golden

In your submission, you also mention exemptions. There has been one exemption under single-use plastics, and that process took five months to conclude. There is now a more complicated exemption process around the Scottish deposit return scheme. Given that that process is more complicated and might therefore take longer to come to a conclusion, can you think of any reason why the Scottish Government waited until five months before the scheme鈥檚 launch date to formally ask for an exemption?

Constitution, Europe, External Affairs and Culture Committee

Devolution Post-EU

Meeting date: 23 March 2023

Maurice Golden

As a follow-up to that, in your submission, you mentioned that, if the UK Government declines to make an exemption around deposit return, it would be difficult to challenge that decision. What processes might the Scottish Government use to challenge that decision, if any are available?

Constitution, Europe, External Affairs and Culture Committee

Devolution Post-EU

Meeting date: 16 March 2023

Maurice Golden

Thank you for that. That is very helpful.

To pick up on your last point, do you think that that is largely down to capacity issues, or might institutional mechanism reform be helpful in that regard, in addition to increasing capacity?

10:15  

Constitution, Europe, External Affairs and Culture Committee

Devolution Post-EU

Meeting date: 16 March 2023

Maurice Golden

Thanks. I am sure that that comment was for the committee as a whole.

I cannot see whether anyone else on the panel wants to say something. Are there any other comments?

Constitution, Europe, External Affairs and Culture Committee

Devolution Post-EU

Meeting date: 16 March 2023

Maurice Golden

I will start with Professor Nicola McEwen, but the question is for the entire panel. To what extent is the Scottish Parliament鈥檚 legislative and scrutiny function being underutilised as a result of the powers retained by the Scottish ministers in a post-Brexit environment? To what extent is the Scottish Parliament鈥檚 role evolving or not evolving in a post-Brexit environment in its interactions with the Scottish ministers?

Constitution, Europe, External Affairs and Culture Committee

Devolution Post-EU

Meeting date: 9 March 2023

Maurice Golden

We have touched on some of this, but I want your thoughts on the requirement or otherwise for the role of the civil service to be revised in light of devolution in the post-EU environment. The context is that committees and parliamentarians face capacity issues, yet we have a duplication of effort. For example, I met a UK Government minister about my dog theft bill. The minister said that the department had done extensive work, and he suggested sending me a briefing on the issue. Most people would think that that was a reasonable course of action. However, UK civil servants said that that would not be appropriate and that they would send it to the Scottish Government, which would pass it on to me. More than a year later, I still do not have the briefing.

In the context of all this, is there a way in which we can avoid duplication of effort and utilise the experience and expertise, even to a limited extent, of the civil service, via committees, perhaps with redacted or withheld content? I want your thoughts on how we can work smarter.

Constitution, Europe, External Affairs and Culture Committee

Devolution Post-EU

Meeting date: 9 March 2023

Maurice Golden

Thanks, Paul. That is very helpful.

Would any of the other panel members like to comment?

Constitution, Europe, External Affairs and Culture Committee

Devolution Post-EU

Meeting date: 2 March 2023

Maurice Golden

Welcome, panel. I have a question for the entire panel, but I will start with Huw Irranca-Davies, if that is okay. I am interested in the role that you see for committees in your respective institutions in addressing some of the challenges and issues with regard to devolution in a post-EU environment. What, if anything, can be done to strengthen the role of committees in that regard?