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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.  

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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 subject to Affirmative Procedure

Meeting date: 17 May 2022

Stuart McMillan

Under agenda item 2, we are considering two instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 17 May 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

10:08 Meeting continued in private until 10:38.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 17 May 2022

Stuart McMillan

The instrument amends the Police Act 1997 (Criminal Records) (Scotland) Regulations 2010 (SSI 2010/168) by extending the categories of individuals to whom an exempted question may be asked for the purpose of an enhanced criminal record certificate. That applies to individuals who are seeking to provide accommodation in relation to the homes for Ukraine sponsorship scheme, whether or not they reside in the accommodation themselves.

The instrument was laid on 6 May 2022 and came into force on 12 May. It therefore breaches the 28-day rule in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. In correspondence with the Presiding Officer, the Scottish Government explained that a breach of the laying requirements had been necessary to ensure that the safeguarding system that is in place is suitable. It also ensures that the appropriate level of checks can be undertaken in advance of matching taking place, given the number of people due to arrive in Scotland in a very short timescale.

Does the committee wish to draw the instrument 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

Instruments subject to Negative Procedure

Meeting date: 17 May 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 17 May 2022

Stuart McMillan

Thank you, Mr Simpson. That is a valid point, and I am content for us to raise the issue with the lead committee for it to take into account when it considers the instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 17 May 2022

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 17 May 2022

Stuart McMillan

Is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 10 May 2022

Stuart McMillan

The aim of the instruments is to ensure that the appropriate level of disclosure checks can be undertaken on all individuals who are being assessed as suitable to provide accommodation under the homes for Ukraine sponsorship scheme, to help provide safer housing options for those fleeing the war in Ukraine.

The Scottish Government is seeking to have the SSIs come into force on 12 May 2022. As I have said before, the committee needs sufficient time to properly consider each and every SSI that is laid before the Parliament to make sure that it is correct as a matter of law. However, members will have seen a letter from Gerard Hart, the chief executive of Disclosure Scotland, explaining the reasons for the urgency of the instruments. I have allowed them to be added to today’s agenda, but I nevertheless reserve the right for the committee to look at the instruments again next week should any issues subsequently be found. We could then write to the Scottish Government to highlight those issues.

Taking that into account, is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 10 May 2022

Stuart McMillan

Also under this agenda item, no points have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 10 May 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.