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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 17 December 2025
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Displaying 1040 contributions

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Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 25 November 2025

Bill Kidd

Does the committee wish to note that Scottish statutory instrument 2025/347 revokes the Political Parties, Elections and Referendums Act 2000 (Non-Party Campaigner Code of Practice) (Appointed Date) (Scotland) Order 2025 (SSI 2025/288), which the committee drew to the Parliament’s attention on reporting ground (e)?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 25 November 2025

Bill Kidd

Under agenda item 2, we are considering two instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 25 November 2025

Bill Kidd

Under agenda item 4, we are considering three instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Negative Procedure

Meeting date: 25 November 2025

Bill Kidd

Under agenda item 3, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 25 November 2025

Bill Kidd

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 25 November 2025

Bill Kidd

We got through a wee bit there, so that is not too bad.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 25 November 2025

Bill Kidd

This instrument concerns the early release from prison of prisoners who are liable or eligible to be removed from the United Kingdom. It would change the point at which such a prisoner could be removed from prison for that purpose, to align with the equivalent position on early release on licence.

The instrument would also create a new power for Scottish ministers to make subordinate legislation. It would be a power to change, by order, the minimum period of the sentence that a prisoner must serve before they can be removed in this way. The draft policy note states that Scottish ministers would intend to use the power, if granted, to change the minimum period from a quarter to 15 per cent of the sentence, to align with the equivalent rule for early release on licence.

The committee considers that the creation, by subordinate legislation, of a new power to make subordinate legislation is unusual, and generally undesirable, because Parliament is unable to scrutinise and amend the proposal in the way that it would be able to do, had it been proposed in a bill.

The committee also considers that using an ancillary power to create a new power to make subordinate legislation is particularly unusual, and the committee expects particular justification to be provided.

Does the committee wish to draw the present instrument to the attention of the Parliament on reporting ground (g), in that the conferral by regulation 2(2)(c) of a new power to make subordinate legislation appears to be an unusual and unexpected use of the enabling power?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 25 November 2025

Bill Kidd

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Negative Procedure

Meeting date: 25 November 2025

Bill Kidd

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 25 November 2025

Bill Kidd

Does the committee wish to welcome the fact that SSI 2025/347 fulfils the Scottish Government’s undertaking to revoke SSI 2025/288?

Members indicated agreement.