The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1229 contributions
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Katy Clark
That would be helpful, or perhaps you could share it with the committee later.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Katy Clark
I am a member of the Delegated Powers and Law Reform Committee, and we discussed the issue at great length yesterday. We were looking at it from a technical rather than a policy point of view, so my questions will relate to the technicalities rather than to the policy. It was concerning that there were a number of grounds on which issues were raised about the way that the SSI has been drafted—those were not in any way to do with the policy intent.
Given that the issue was discussed only yesterday in the Delegated Powers and Law Reform Committee, I suspect that the cabinet secretary may not have had the opportunity to read the report, because it has just been published. I do not know what discussions have been taking place behind the scenes, but it seems regrettable that the Scottish Government has drafted the statutory instrument in the way that it has done, if it was possible to obtain the same policy outcome in a different way.
The committee concluded that
“the creation by subordinate legislation of a new power to make subordinate legislation is unusual, and is generally undesirable because Parliament is unable to scrutinise and amend the proposal in the way it would if proposed in a bill.”
It also concluded that
“using an ancillary power to create a new power to make subordinate legislation is particularly unusual”.
It made that point in a number of ways at a number of points in the report in relation to different aspects of the drafting. Has the cabinet secretary had the opportunity to look at the issue properly, given the timescales?
This is not about the Scottish Government’s policy intent—it is just about the drafting. If it was possible for the legislation to be drafted in a different way, that would seem to be preferable.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Katy Clark
If we take women working on the street, who I think you would agree are a more vulnerable group, some of the evidence seems to suggest, or some people are arguing, what you are proposing gives women in that situation less time to negotiate and to check. That is presumably an argument that you have had put to you. What is your response to that? Why are we are being told that?
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Katy Clark
If concerns are being raised with the drafting and, indeed, with the legality of the SSI and whether there is a gap between the policy intent and the drafting, it is appropriate that the Scottish Government—
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Katy Clark
Is that something—
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Katy Clark
Last week’s witnesses seemed, in general, to consider that guidance would not be needed. Some of the evidence that the witnesses have given today suggests that they might have a slightly different view.
What is your view on the need for guidance on how the legislation will work in practice? I come to Andrew Agapiou first.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Katy Clark
Does the panel have any comments on the rules and remedies for breach of contract in part 2 of the bill?
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Katy Clark
Do you have anything further to add, David?
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Katy Clark
Andrew Agapiou has already mentioned the formation of contracts electronically. What are the witnesses’ views on how the bill deals with contracts that are formed electronically?
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Katy Clark
Colin Borland, do you have anything further?