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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 5 August 2025
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Displaying 2212 contributions

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Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

I found Graeme Dey and his predecessor, Joe FitzPatrick, to be very good to work with. When they appeared at the committee, we had a very cordial relationship and they knew the committee鈥檚 requirements.

We had some correspondence with you last week about the vaccination passport debate and the proposal from the Scottish Government to introduce a requirement for vaccine certification at certain events. You will have seen our annual report from the previous parliamentary session in which we expressed some concern, shall we say, over the number of made affirmative regulations that were being approved. For anyone who is watching, I note that that is when the Government brings in a law without its having been scrutinised by the Parliament; the scrutiny comes later. Most parliamentarians accept that there has been a need to use that procedure during Covid, but there has been a large number of such instruments.

We wrote to you about the proposal for vaccine passports. That might not be the term that you use, but that is the term that I use. We know what we are talking about. You wrote back to us on 9 September鈥攊t was a quick turnaround鈥攁nd in that letter you said that if there were to be regulations, which there would have to be if the proposal comes in, your view is that the made affirmative procedure should still be used despite there being weeks to prepare. Is that still your position?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

It would be useful for the committee to have something from you about which SLC reports you anticipate implementing and which you do not. Then we will know what we are working with.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

That would be useful.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

When we had a private meeting with your officials, we asked about the area of questioning that Mr Sweeney has just covered. We specifically asked whether the Government could provide us with a list of outstanding regulations that flow from acts that have been passed and I am not sure that we have seen that. Mr Sweeney mentioned the Transport (Scotland) Act 2019, but there will be a number of others. I think that there is still some stuff outstanding from the Planning (Scotland) Act 2019. It would be useful to have that list, if we could.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

I will move on to discuss the Scottish Law Commission. As you know, the committee works closely with the SLC, as do you, and there has been long-standing frustration from the SLC鈥攁nd from us, but particularly from the SLC鈥攁bout the amount of work that it has done and the number of reports that it has produced that have just stacked up and not resulted in legislation.

The SLC has provided us with a list of about 18 of its reports dating back as far as 2006 that have not ended up as legislation, covering things from electoral law to level crossings. All kinds of serious work has gone on and the SLC and the committee are very frustrated. In the previous parliamentary session, the committee worked with the Parliament on a set of protocols that would allow the committee to take on more bills, if they were presented. That would help the Parliament to get stuff through.

The programme for government said that the Government wants to do something on moveable transactions. When do you see that legislation being introduced and would it be a bill that meets the criteria for it to be considered by this committee?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

I want to follow up on that. Like the minister, I am a football fan. If I go to a football match, I show somebody at the gate my QR code, and he or she scans it into their personal mobile phone. That is what it will be鈥攖hat is what the Government said last week. My concern is that my name, address and date of birth could show up on that person鈥檚 mobile phone. That, to me, is a breach of my data.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

Do you anticipate all of those coming in this calendar year or within the next 12 months?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

I am sure that we can improve as we go along. Others might want to come in at this point, convener.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

Right鈥攐kay. I will move on to my final question for now, although I have more questions later.

As you mentioned, we have highlighted that we are not persuaded by some of the reasoning that the Scottish Government has provided for breaching the 28-day rule for negative instruments. Will you expand on what work you are doing to ensure that such breaches occur only when absolutely necessary?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

It sounds as though there might be some movement and that you might not necessarily use the made affirmative procedure.