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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 2 November 2025
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Displaying 1011 contributions

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Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Katy Clark

One reason that you have given in justification of the current approach is about the capacity of the Parliament. As you know, committees often spend substantial time scrutinising primary legislation, but there is often a great deal of frustration at the lack of clarity and detail in a bill and at what the Government’s intentions are. Committees often spend a great deal of time speculating on what they think that the Government will do when it comes to the secondary legislation, to the extent that that is, I would argue, hindering the scrutiny process.

One suggestion that has been put to the committee is to enable framework bills to contain duties to consult stakeholders and report on their views to Parliament when it is considering secondary legislation. What is your view on the suggestion that we enhance the scrutiny process for secondary legislation?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Katy Clark

A number of witnesses have suggested that draft regulations should be published alongside framework legislation. What is your view on that? Would that be possible in some situations?

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Katy Clark

Thank you.

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Katy Clark

The evidence that you have just given on time limits is highly concerning. The committee would very much appreciate it if you wished to provide more information on that. As you say, it would be interesting to get the Crown’s perspective on those issues.

On the bill that we have before us today, you have given very clear evidence that you can see many scenarios in which national jurisdiction might be helpful and appropriate, but you also expressed considerable concern. The provision would apply to a range of different types of cases. It would apply to solemn and summary cases, and to cases that are at different stages, perhaps where there has already been a lengthy trial, where someone is appearing from custody or where a particular sheriff or judge has a great deal of knowledge of a case or an accused.

Could there be more detail in the bill on the kind of criteria that would need to be used in relation to national jurisdiction, or should there be a requirement for more detail in, for example, a practice note or in the rules of court? Is that something that you have given any consideration to or that you could assist the committee with? If we agree to the principle of national jurisdiction, do the criteria, safeguards and protections need to be fleshed out more?

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Katy Clark

Thank you.

I will ask a question on part 2 of the bill, which sets out a framework for a system of domestic homicide and suicide reviews. Have you looked at those provisions? Do you have any views that you would be able to share with the committee?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 21 January 2025

Katy Clark

Kenneth Gibson, would you like to respond?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 21 January 2025

Katy Clark

Jonathan Jones, from a Westminster perspective, is there a case for being able to amend secondary legislation? At the moment, we are put in a position in which we have to take it or leave it—parliamentarians are not able to amend SSIs. Do you have a view on that? What would the issues be?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 21 January 2025

Katy Clark

Does Mike Hedges have a view on that?

Delegated Powers and Law Reform Committee

Interests

Meeting date: 21 January 2025

Katy Clark

I have no relevant interests to declare.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 21 January 2025

Katy Clark

The reason that I have heard ministers give for introducing framework legislation is the resource and cost that go into co-design. They argue that, if they do not know whether the Parliament will approve a piece of legislation, the significant cost and resource that would be required to create the detail are not justified.

How do you respond to that and to suggestions that have been made to the committee that there should be longer periods attached to the scrutiny of secondary legislation? There has been reference to a number of days. In situations in which a bill that does not have all the detail is passed, should there be an enhanced scrutiny process for secondary legislation that is set out in the bill in far greater detail? Finlay Carson, would you like to come in first?