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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 30 April 2025
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Displaying 2186 contributions

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Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

It is being written down by my colleague, too.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

At one time, the made affirmative procedure was a rare occurrence in the Parliament. Obviously, during the pandemic, it has been used much more frequently to bring regulations into being. What is the Government’s position on the use of that procedure? What is the current thinking on when and how it should be used, if ever?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

Yes, we are all for plain English, that is for sure.

Of course, I was not a member during the last parliamentary session but, in session 5, your predecessor habitually and rather helpfully wrote to subject committees to indicate the volume of SSIs that they could anticipate heading in that committee’s direction. However, that practice appears to have ended. What was the reason for the discontinuation of that practice? Is it something that could be revived?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

Some months ago, perhaps at the beginning of the parliamentary session, you produced a very colourful table, which indicated the number of SSIs. I remember it vividly.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

As you know, the committee has a long-standing interest in the scrutiny of bills that confer powers in devolved areas on UK ministers, and in the scrutiny of the exercise of those powers, so it would be informative to understand what considerations inform decisions by the Scottish ministers to recommend consent for UK bills that confer delegated powers in devolved areas on UK ministers.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

I presume that the Scottish ministers have a template for the sort of questions that you have alluded to. Can you give us more detail on what such considerations are about? When a bill is introduced in the UK Parliament that confers delegated powers in devolved areas on UK ministers, is there a checklist—a set of criteria or questions—to which you refer in looking to see whether, ultimately, you can recommend a legislative consent motion to the Scottish Parliament for that piece of legislation? Could you talk us through that in a bit more detail?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

There are UK bills that give UK ministers delegated powers that they can use without reference to the Scottish ministers or that fall outwith the scope of SI protocol 2. There are a couple of issues on which I would be very interested to hear the minister’s views. How might the Scottish Parliament scrutinise proposals by UK ministers to exercise those powers, as well as the Scottish ministers’ position on those proposals?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

I am not asking you to copy and paste anything, but I am—

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

I am actually looking for a ruler against which you can measure a bill and its provisions that allow UK ministers to exercise legal rights in devolved areas.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 21 June 2022

Stephen Kerr

Right. Can I come back to my question? Your answer comes from a Government perspective, but you are the Minister for Parliamentary Business, and I was asking how the Scottish Parliament might scrutinise these things. Do you have a view on that? How might we scrutinise UK ministers’ proposals to exercise powers conferred on them by UK bills that have had the consent of the Scottish Government and the Scottish Parliament?