Skip to main content
Loading…

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.  

Criathragan Hide all filters

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 6 February 2026
Select which types of business to include


Select level of detail in results

Displaying 2464 contributions

|

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

The bill as introduced contains 21 delegated powers. We have focused on eight of them, which appear to have been the focus of comments that you have made in response to the lead committee’s call for views. As a committee, we will report on all 21 of the proposed delegated powers in our report to the lead committee. Do you have any comments on any of the other delegated powers that are contained in the bill?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

Thank you for that. I note that Rachel Wood said that we would be receiving something in writing, and the committee certainly looks forward to that.

As colleagues have no more questions, I thank Morag Ross KC and Rachel Wood for their extremely useful and helpful evidence this morning. The committee might well follow things up in writing afterwards if we have any further questions.

With that, I move the committee into private session.

11:39 Meeting continued in private until 12:04.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 24 October 2023

Stuart McMillan

Under agenda item 3, we are considering three instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 24 October 2023

Stuart McMillan

The instrument makes amendments to the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 and the Council Tax Reduction (Scotland) Regulations 2021 to ensure that certain types of payments, largely based on compensation or redress schemes, are disregarded for the purposes of calculating entitlement to council tax reduction. The instrument also makes provision to ensure that the capital of a person who is liable to pay council tax has no impact on their entitlement to second adult rebate.

In correspondence with the Scottish Government, the committee asked whether the Government considers it appropriate to insert the new paragraph 46 under part 5 of schedule 4 of the 2021 regulations, under the heading “Payments”, as the amendment does not concern a payment; it concerns the whole of a person’s capital. The Scottish Government recognised that it would be helpful to the reader to insert a new part number and heading into schedule 4 of the 2021 regulations at the next available opportunity, which it anticipates will be February 2024, when other substantive amendments to the 2021 regulations are expected to be made.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in that it inserts under the heading “Payments”, a new paragraph that concerns the whole of a person’s capital rather than a payment?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 24 October 2023

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

Under item 5, we are taking evidence on the Regulation of Legal Services (Scotland) Bill.? I welcome Esther Roberton, the author of “Fit for the Future—Report of the Independent Review of Legal Services Regulation in Scotland”. Esther and I sat on the board of the Scotland’s Futures Forum think tank until I left earlier this year.

Esther, do not worry about turning on your microphone during the session as that will be done by broadcasting. There is no need to answer every question. You are welcome to follow up any question in writing after the meeting, if you wish.?

We move to questions, which I will open. Will you give the committee an overview of the work that you undertook in 2017-18 on the regulation of legal services and the main points of your report?

Delegated Powers and Law Reform Committee

Regulation of Legal Services (Scotland) Bill: Stage 1

Meeting date: 24 October 2023

Stuart McMillan

I have one final question in this area. Would the requirement for the Lord President to grant consent in relation to the powers in section 5 be of any assurance to you?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Stuart McMillan

Perhaps a protocol is not the right avenue to go down, but even guidelines of some type might help to speed the process up. From memory, I think that it was put to the committee that it can potentially take well over a year—perhaps a year and a half—for a section 104 order to be dealt with. That does not have a negative impact on practitioners as such, but it is still the case that older legislation is used for specific elements, rather than the new legislation that people very much welcome.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 26 September 2023

Stuart McMillan

Welcome to the 26th meeting in 2023 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch their mobile phones to silent.

The first item of business is to decide whether to take items 6 to 9 in private.??Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Stuart McMillan

Under agenda item 2, we will take evidence from the Minister for Parliamentary Business, George Adam MSP. This is one of our regular sessions with the minister on the work of the Scottish Government that is relevant to the committee. The minister is accompanied by three Scottish Government officials: Steven MacGregor, head of the Parliament and legislation unit; Rachel Rayner, deputy legislation co-ordinator in the legal directorate; and Greig Walker, retained EU law act management lead.

I welcome you all to the meeting and remind you not to worry about turning on your microphones, because that will be done by broadcasting.

I invite?the minister to make some opening remarks.