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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 5 May 2021
  6. Current session: 12 May 2021 to 9 August 2025
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Displaying 914 contributions

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Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Morag, would you like to add anything?

10:30  

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Those are very clear standpoints. Thank you very much indeed.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

On that basis, do you agree that such regulations should have to meet additional requirements and that, therefore, they would have to be laid in draft before the Scottish Parliament before they could be made?

11:30  

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

On what happens in New Zealand, where Scotland has links and all sorts of stuff, do we need to learn more about what is going on over there and are correspondence and conversations, at least, needed between Scotland and New Zealand to develop that? Perhaps we could move things on better by working together.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Thank you.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

I just want to put some emphasis on things. In light of the Scottish Government’s commitment to work with stakeholders to lodge amendments on the delegated powers, which we are not so excited about, do you have any views specifically on what could or should change? Is there anything in the bill that you feel strongly that you would like to keep?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Thank you very much indeed. I think that we know the answer to this question, but I will ask it anyway. Are there any amendments that could—and, indeed, should—be made to the power as suggested in order to limit its scope? Do you have any views on the requirements attached to the proposed power—for example, the requirement on ministers to consult affected bodies and key stakeholders as set out in the bill—before it can be used?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Bill Kidd

Thank you. Morag Ross, what is your view?

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 3 October 2023

Bill Kidd

Welcome to the 27th meeting in 2023 of the Delegated Powers and Law Reform Committee. We have received apologies from our convener, Stuart McMillan MSP. In his place, I welcome Rona Mackay MSP.

Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent.

The first item of business is to decide whether to take items 4, 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 3 October 2023

Bill Kidd

The instrument relates to a new medium secure mental health hospital, which is due to open in January 2024—the national secure adolescent in-patient service in Foxgrove. It will be a hospital for children and young people aged 12 to 17 inclusive.

In correspondence with the Scottish Government, which has been published alongside the agenda for this meeting, the committee asked for more information on whether consideration had been given to the appropriateness of applying to under-18s, without modification, a set of conditions for the right of appeal against being held in excessive security, when those conditions appeared to have been designed with adults in mind. Having considered the Scottish Government’s response, the committee is satisfied that due consideration has been given to the matter.

The committee also highlighted that the title of the instrument appears unusual, particularly the use of a colon, and asked the Scottish Government whether that is in line with current standard drafting practice. In its response, the Scottish Government stated that the use of the colon is a suitable choice, because it links the two sections of connected text. Nevertheless, the committee considers that consistency in the naming conventions for instruments is desirable. The committee considers that it is unusual to use a colon in the title of the instrument and that this should be discouraged. The committee considers that it would have been more usual to have brackets around the term “Miscellaneous Amendments”.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in that the title is not in line with standard drafting practice?

Members indicated agreement.