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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 14 September 2025
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Displaying 2246 contributions

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Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 20 December 2022

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 20 December 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 December 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 20 December 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

10:01 Meeting continued in private until 11:17.  

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

Before I bring in the other witnesses, I will make a point regarding your first category. Certainly, it could be quite time consuming to pull something together in order to bring in emergency legislation. On the issue of capacity, which was raised earlier, as I asked Sir Jonathan, does the civil service actually have the capacity to look at all the legislation that is currently there? Dr Tucker indicated that officials would have to engage with all the legislation that is there. Given the short time that we have, there is a possibility that not every piece of legislation will be engaged with in order to make an active decision before a sunsetting happens or does not happen on each particular piece of legislation. I suggest that, given the capacity issue and the short timescale—notwithstanding the potential to extend the sunsetting—litigation could be a regular occurrence if businesses or trade sectors ended up being caught in something that was not fully considered beforehand.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

No problem.

I thank Sir Jonathan Jones, Dr Adam Tucker and Morag Ross KC for their extremely helpful evidence. The committee may follow up by letter any additional questions that stem from the meeting.

I suspend the meeting briefly to allow Morag Ross to leave the room and the other witnesses to leave BlueJeans.

11:17 Meeting suspended.  

11:20 On resuming—  

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 13 December 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 13 December 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

11:20 Meeting continued in private until 11:41.  

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

You have just touched on our next area of discussion, which is about consultation with and consent by the Scottish ministers and the Scottish Parliament. That has come up at meetings of the lead committee, but for quite some time it has also regularly come up as an area of concern or frustration for Scotland as regards the UK Parliament. The bill allows the UK ministers to use the power to preserve REUL in devolved areas without the consent of, or without consulting, the Scottish ministers or the Scottish Parliament. Do the witnesses have any comments about what that will mean for dialogue and respecting devolution?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

Under item 2, we are taking evidence on the Retained EU Law (Revocation and Reform) Bill.?

I welcome Sir Jonathan Jones, senior consultant, Linklaters LLP, and Dr Adam Tucker, constitutional lawyer, University of Liverpool; they are both joining us virtually. I also welcome to the meeting Morag Ross KC, member of the Faculty of Advocates, who is joining us in person.

Morag, do not worry about turning on your microphone during the session, as it is controlled by broadcasting. If you would like to come in on a question, please raise your hand. Sir Jonathan and Dr Tucker, if you want to come in, please raise your hand or, as you are online, enter an R in the BlueJeans chat function.?

I will open the questions from the committee. What is your view on the scope of the power to preserve retained European Union law? My question is for all three of you. Do you want to start, Morag?