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Seòmar agus comataidhean

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 19 October 2025
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Displaying 366 contributions

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Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Roz McCall

Thank you. That was very helpful.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Roz McCall

Does anyone else want to come in on that?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Roz McCall

That is very helpful, thank you. My next question is on Henry VIII powers. Are they appropriate or inappropriate?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Roz McCall

That is helpful.

I will go to Vicky Crichton, and then to Kay Springham. With regard to the idea of improving scrutiny and accountability in relation to secondary legislation, should we be looking at any safeguards or controls?

11:30  

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Roz McCall

It goes back to the case-by-case basis that was mentioned earlier. I will have to wind up so I return to Rosemary Agnew. In an earlier answer, you spoke about the co-design core principles. Will you give me an idea of when a framework bill is the wrong approach? As Adam Stachura has just said, for the national care service, is a framework the wrong approach? Please give us your insight on that, as well. I am throwing it all at you now, unfortunately, Rosemary, but I have a limited timeframe.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Roz McCall

I want to narrow things down a little bit. The information that you are giving is very interesting, but I want to delve into NFU Scotland’s criteria, which the convener started to look at. After all, we are looking at this from a scrutiny and accountability point of view when it comes to secondary legislation.

In your opinion, if we are looking at this through a scrutiny and accountability lens, should there be additional safeguards and controls to ensure appropriate use of framework legislation, given the secondary legislation that will follow? I will start with you, Mr Clancy, because I think that that follows on very nicely from your last answer.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Roz McCall

To follow on from the other answers, if Henry VIII powers are appropriate at the right time, how can we improve that scrutiny and accountability? That is the angle that we are looking at when it comes to subordinate legislation.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Roz McCall

Absolutely. Thank you. Kay, do you have anything to add?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Roz McCall

I did not in any way want to intimate that the work that you produce is not top quality—that is not what I meant. It is about the idea that we are not really creating good law.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Roz McCall

A factor that you might take into consideration is whether it makes more sense to move everything into secondary legislation.