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 1110 contributions
Delegated Powers and Law Reform Committee
Meeting date: 10 January 2023
Bill Kidd
Under agenda item 4, we are considering one instrument, on which an issue has been raised.
Delegated Powers and Law Reform Committee
Meeting date: 10 January 2023
Bill Kidd
The instrument transfers the functions of the council tax reduction review panel to the First-tier Tribunal and makes consequential amendments. The committee identified an incorrect cross-reference in regulation 94(3) of the Council Tax Reduction (Scotland) Regulations 2021, as substituted by paragraph 2(5) of schedule 2 to the instrument. The Scottish Government confirmed that the cross-reference is an error and proposes to rectify it in the instrument when made, as an error that could be corrected by correction slip. Full details of the error can be found in paper 3 on the committee’s web page.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in respect of a cross-referencing error?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 10 January 2023
Bill Kidd
Does the committee wish to note the reasons for the breach and refer them to the lead committee?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 10 January 2023
Bill Kidd
Is the committee content with the instruments?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 10 January 2023
Bill Kidd
Under agenda item 6, we are considering one instrument, on which no points have been raised.
Delegated Powers and Law Reform Committee
Meeting date: 10 January 2023
Bill Kidd
Thank you for those opening remarks. I will kick off the questions before I invite members to come in.
In your response to the committee, minister, you acknowledged that much of the detail of the bill will be set out in secondary legislation. You also said:
“It is important that we obtain Parliamentary agreement to the principle of creating the NCS”.
Why does the Scottish Government consider that it is important to obtain parliamentary agreement at this point? Why is it considered necessary to obtain such endorsement through the passage of a bill?
Delegated Powers and Law Reform Committee
Meeting date: 10 January 2023
Bill Kidd
Does the committee wish to welcome that the Scottish Government undertakes to review this point for the future to make sure that a consistent approach is taken to these instruments?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 10 January 2023
Bill Kidd
We are not finished yet.
Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in respect of cross-referencing errors in rules 20(4), 26(2)(i) and (j), 26(5), 27(1)(b), and 27(2)(a)(iii); and an error in regulation 26(2)(i)?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 10 January 2023
Bill Kidd
Does the committee wish to welcome the Scottish Government’s intention to correct those points in an amending instrument before the regulations come into force?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Bill Kidd
I will take the point slightly further on. The power to update in clause 16 is described by the Hansard Society as “very open-ended”. On the issue of
“whether a change in technology or a development in scientific understanding has occurred—for example with respect to Artificial Intelligence, Genetically Modified Organisms, or Net Zero”,
the Hansard Society questioned whether it should be within the scope of that ministerial power to update REUL in those areas and assimilated law
“to take account of changes in technology or in developments in scientific understanding”,
in which areas, these days, we see large movements. Is it reasonable for ministers to be left with such ministerial discretion in those instances?