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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 6 November 2025
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Displaying 2327 contributions

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Delegated Powers and Law Reform Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill

Meeting date: 3 June 2025

Stuart McMillan

Agenda item 4 is an evidence-taking session with Graham Simpson MSP, the member in charge of the Scottish Parliament (Recall and Removal of Members) Bill. He is accompanied by?Catriona Lyle, a solicitor from legal services at the Scottish Parliament. I welcome you both to the meeting and, indeed, welcome Mr Simpson back to the committee, even for just a short time, as he convened the committee in the last parliamentary session.

I remind you both that you do not have to press any buttons, as that will be done for you. We will move to questions.

It is quite rare to see an express power to legislatively sub-delegate in a bill. The committee is keenly interested in that, as it has the potential to erode democratic accountability. It is one thing to give Scottish ministers the power to make regulations, but it is another to give Scottish ministers the power to award that power to a third party.

With that in mind, it would be helpful if you could provide the committee with further context to that proposal in the bill. Is there a precedent that served as a model for section 21 of the bill?

Delegated Powers and Law Reform Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill

Meeting date: 3 June 2025

Stuart McMillan

No problem.

Delegated Powers and Law Reform Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill

Meeting date: 3 June 2025

Stuart McMillan

As there are no further questions, I thank Mr Simpson and Ms Lyle for their evidence this morning. The committee might follow-up in writing if additional questions stem from this morning’s session. Thank you once again.

That concludes the public part of the meeting.

10:29 Meeting continued in private until 11:06.  

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 3 June 2025

Stuart McMillan

Under agenda item 2, we are considering four instruments. Points have been raised on three of them. The committee asked questions of the Scottish Government in relation to all four instruments, and the full correspondence has been published alongside the papers for this meeting.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 3 June 2025

Stuart McMillan

The instrument makes amendments to the Education (Appeal Committee Procedures) (Scotland) Regulations 1982, which govern school admission and exclusion appeal hearings in Scotland. The committee asked a question about the enabling powers, specifically why section 28H(5) of the Education (Scotland) Act 1980 was not cited. The Scottish Government acknowledged that that section should have been cited as an enabling power, but considers that its omission does not affect the validity of the instrument.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground of a failure to follow proper drafting practice, in that section 28H(5) of the Education (Scotland) Act 1980 has not been cited as an enabling power in the preamble?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument not subject to Parliamentary Procedure

Meeting date: 3 June 2025

Stuart McMillan

Is the committee content with the instrument??

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill

Meeting date: 3 June 2025

Stuart McMillan

I call Katy Clark.

Delegated Powers and Law Reform Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill

Meeting date: 3 June 2025

Stuart McMillan

I have a more policy-related question for Mr Simpson. An act was passed in the UK Parliament and you have introduced this bill about MSPs. When you started working on it and were looking at it in its infancy, did you consider expanding the bill to include local authority councillors?

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 3 June 2025

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Decision on Taking Business in Private

Meeting date: 3 June 2025

Stuart McMillan

Welcome to the 19th meeting in 2025 of the Delegated Powers and Law Reform Committee. I remind everyone to please switch off or put to silent your mobile phones and other electronic devices.

The first item of business is a decision on taking business in private. Is the committee content to take items 5, 6, 7, 8, 9 and 10 in private?

Members indicated agreement.