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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 3 February 2026
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Displaying 1067 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 April 2022

Bill Kidd

There has been a failure to lay the instruments in accordance with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The 2010 act requires that instruments subject to the negative procedure be laid at least 28 days before they come into force, not counting recess periods of more than four days.

SSI 2022/124 amends the Council Tax (Exempt Dwellings) (Scotland) Order 1997 (SI 1997/728) so that council tax is not charged on dwellings that are exclusively used as the sole or main residence of those who have left Ukraine in connection with the Russian invasion and who have leave to remain or enter the United Kingdom or a right to abode in the UK.

SSI 2022/125 amends specified council tax regulations to provide that entitlement to the single person discount from council tax liability and the council tax reduction scheme is not affected by offering accommodation to certain persons coming to the UK from Ukraine in connection with the Russian invasion.

In correspondence with the Presiding Officer in relation to the two instruments, the Scottish Government explained that the nature of the homes for Ukraine scheme, which the UK Government launched on 14 March 2022, is such that it has the potential to increase the level of council tax liability of those who accommodate Ukrainian refugees and that that was not able to be fully assessed until the scheme was launched.

The Scottish Government also stated that, given the urgent nature of the need to change the law on this occasion and the short timeframe between the launching of the homes for Ukraine scheme and the beginning of the 2022-23 council tax year, it was not possible to meet the 28-day requirement.

Does the committee wish to draw SSI 2022/124 and SSI 2022/125 to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 19 April 2022

Bill Kidd

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 April 2022

Bill Kidd

At the same time, does the committee wish to note the Scottish Government’s commitment to rectify the error by making a further amendment in an SSI that will be laid in the Scottish Parliament at the next available opportunity?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 April 2022

Bill Kidd

At the same time, is the committee content with the explanation that the Scottish Government has provided for the breaches of the laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 19 April 2022

Bill Kidd

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 19 April 2022

Bill Kidd

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

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Bill Kidd

When you introduce legislation for consideration by the Parliament, is a sunset provision—if we are allowed to call it that—considered at that time, as opposed to waiting to see how things are going to develop?

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Bill Kidd

You have covered a great range of things that I was thinking of asking about. I would like to look at the committee’s principle that there should be a statutory requirement that any instrument that is made using the affirmative procedure must contain a sunset provision. Will you outline your approach in setting such review requirements? How does the Scottish Government decide what the sunset provision should be—how far it may go?

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 1 March 2022

Bill Kidd

I have listened to what has been said and I can sort of understand an element of it. At the same time, I am very worried about throwing babies out with the bath water. There is a lot of stuff in the instrument that is necessary and I will vote in favour of keeping it.

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Bill Kidd

I know from what you have said and from what I have heard you say before, Deputy First Minister, that you recognise and appreciate the procedural imperatives that the committee brings forward for the benefit of the Parliament and for good governance.

On the back of what you have been saying, and in acknowledgment of the range of legal necessities that the Scottish Government has to recognise, do you think that it is the immunisation, scientific and health imperatives that come first and foremost for the Scottish Government and that lead to the extensions that we have been talking about? Is the reason for the six-month extension the potential necessity—which we hope there will not be—of having to come back to all this during those six months to deal with another eruption of Covid?