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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 4 May 2021
  6. Current session: 13 May 2021 to 30 October 2025
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Displaying 1219 contributions

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Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Paul Sweeney

Professor Tierney, do you have any thoughts on that?

11:30  

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Paul Sweeney

I appreciate those answers.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Paul Sweeney

That is helpful. I suppose that necessity is sometimes the mother of invention. You have described the time constraints that might drive behaviours that are not necessarily malicious or malign in intent but that are simply a by-product of other pressures in the system. Your suggestions are helpful and could assist.

Dr Fox, in her evidence to the committee, described the trend towards drafting “skeleton bills” that are, because of their architecture, prone to be massively expanded on by secondary legislation. That trend in the design of legislation might be why the propensity to use delegated powers in such a way has expanded significantly in recent years. What might recent primary legislation and the nature of the powers that have been given to ministers mean for the exercise of executive powers in future? Do you agree with the observation about skeleton bills and that the architecture of bills has substantially changed in recent years, which has perhaps driven some of the behaviours that we have talked about and expanded the use of secondary legislation?

That could tie into your points about a code, Professor Tierney, or even legislation to tighten up the design of bills.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Paul Sweeney

It is certainly a cause for concern. Sir Jonathan, do you have any thoughts on that question?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Paul Sweeney

Sorry about that. The discussion has been really interesting to follow, and I thank both the witnesses for their insights.

I have a question for Ms Ross. From a historical perspective, as much as anything else, does the increasing use of the made affirmative procedure represent a general shift of legislative power away from the Parliament towards the Executive? Is that a valid observation?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Paul Sweeney

That is a helpful insight. I am sure that you will have a perspective on that, Dr Fox, given the study that you did in the House of Commons in 2017. Controlling for the pandemic, what would be your general impression from a historical perspective? Is there a long-term trajectory of the erosion of parliamentary power relative to the Executive? Should that be of concern to members of the Scottish Parliament as well as members of the House of Commons?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Paul Sweeney

That is an interesting insight—the perils of elective dictatorship. It is an interesting point to hold in perspective in relation to the Scottish Parliament, because the parliamentary arithmetic here is somewhat different and there is scope for us to scrutinise and to hold the Executive’s feet to the fire on inadequate provision in bills and ensure that they are not just skeletons, as you put it. That is worth considering.

It was helpful to have that stated explicitly for the purposes of what we are trying to achieve, so thank you for those non-technical takes. Is there anything further that you want to add that we have not considered about the made affirmative procedure and its scrutiny process? Both witnesses should feel free to jump in.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Paul Sweeney

Can you hear me all right now, convener?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Paul Sweeney

[Inaudible.]—to understand some of the—

Citizen Participation and Public Petitions Committee

Continued Petitions

Meeting date: 1 December 2021

Paul Sweeney

I do not find the Scottish Government’s response remotely convincing. There are extensive means by which ministers in Scotland can exert influence on the bus sector to change its practices, given the significant level of public funding that the sector enjoys, which is vital to its operation.

Furthermore, it seems like a bit of a cop-out for the Government to say, on the one hand, that the regulations are reserved and, on the other, that the operating administration is dealt with by local councils. That is not convincing. The Government is basically trying to bat away the issue. More can be done, and more scrutiny is required.

My Glasgow region colleague Pam Duncan-Glancy has given testimony that she has had significant issues with access to buses in Glasgow. In particular, First Bus Glasgow has a policy that only one wheelchair user is permitted per bus. Her husband is also a wheelchair user, so they are regularly split up and have to take two different buses to get somewhere by public transport. That seems appalling, given that there is adequate space on buses for both wheelchairs. Apparently, the company does that in order to preserve space for a potential pram user.

Those things are problematic and need further investigation, so I am minded to invite our colleague to address the committee on this and potentially consider additional submissions.