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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 13 September 2025
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Displaying 2246 contributions

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Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Stuart McMillan

This is my final question in this area. When the Northern Ireland Protocol Bill was published, you engaged with colleagues from all the devolved Administrations as well as the UK Government—did they have a similar experience in relation to the bill?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Stuart McMillan

I have a final question before I bring in Bill Kidd. You touched on Ukraine in your opening comments. Any of the instruments that came to the committee will have breached the 28-day rule, which is understandable. Do you anticipate any further instruments coming forward on Ukraine?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Stuart McMillan

Minister, you will be aware that our predecessor committee welcomed the Scottish Government’s work in meeting almost all of its historical commitments by the end of the previous parliamentary session. The committee certainly wanted to progress that so that there was a clean slate for the current session.

However, there is still one outstanding commitment, and that is—

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Stuart McMillan

—the Scotland Act 1998 (Specification of Functions and Transfer of Property etc) Order 2019. Will you provide the committee with an update on where things are with that?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Stuart McMillan

Thank you.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 7 February 2023

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Stuart McMillan

Under item 5, we will take evidence from George Adam, the Minister for Parliamentary Business, in one of our regular sessions with him on the Scottish Government’s work that is relevant to the committee. The minister is accompanied by two Scottish Government officials: Rachel Rayner, deputy legislation co-ordinator in the legal directorate; and Susan Herbert, head of the subordinate legislation team in the Parliament and legislation unit. I welcome you all to the meeting.

I remind the witnesses not to worry about turning on microphones during the session, as they are controlled by broadcasting staff.

I invite the minister to make some opening remarks.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Stuart McMillan

One example of where particular issues arose was the Scottish Child Payment (Ancillary Provision) Regulations 2022 (SSI 2022/326). On 23 November 2022, the committee asked the Scottish Government why a further breach of the 28-day rule had occurred in relation to those regulations. The committee sought the Scottish Government’s assurance that its quality assurance processes were sufficient to ensure that subordinate legislation that is laid before the Parliament was fit for purpose. The Scottish Government responded that a review of its processes for developing and quality assuring social security regulations would be undertaken in order

“to learn lessons and strengthen procedure for the future.”

Will you provide an update on that review?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Stuart McMillan

I absolutely agree. I was on the committee in the previous session, and I remember the long list of outstanding commitments. The committee wanted the situation to be improved greatly, and it certainly is.

On this particular order, I am sure that my colleagues would appreciate it if you were to write to the committee with an update after you have that dialogue with your colleagues.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Stuart McMillan

Mr Mundell touched on some of the issues with the Moveable Transactions (Scotland) Bill. Likewise, during an earlier parliamentary session, some issues were raised with the Prescription (Scotland) Act 2018 because there was such a length of time between the SLC undertaking its work and the bill being introduced. If, in future, an SLC bill has been sitting there for, say, five years, would the Government consider doing some more consultation with stakeholders before the bill is introduced so that it could draw out any issues? I think that it is fair to say—it certainly came up in evidence on the Moveable Transactions (Scotland) Bill and when I was on the committee at the time of the Prescription (Scotland) Bill—that probably not everyone or not many organisations engaged fully with the subject matters and subject areas of those bills because they did not think it was really relevant for them. However, if the Government was to do some further consultation before such a bill was introduced, it might draw out some issues and help the parliamentary process.