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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
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Displaying 2520 contributions
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
Is the committee content with the instrument?
Members indicated agreement.
Delegated Powers and Law Reform Committee
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
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
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?
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
As we have already touched on, the bill sets the date by which retained EU law will be automatically removed from the statute book—Dr Tucker just spoke about the cliff edge. What is your understanding of the number of pieces of legislation that will potentially be affected? Do you have any further comment to make on that? We and other committees have heard various figures bandied about—perhaps 2,400 pieces of legislation, potentially another 1,400 and then, potentially, others. We have also picked up on a figure of 5,000 that was used at one point. Do you have any clarity on how many pieces of legislation should be included in the figure?
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
Does Morag Ross want to come in?
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
Sir Jonathan Jones, do you want to come in?
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
To come on to that particular point, and others that were raised earlier, irrespective of what the figure for pieces of legislation might be, we know that it will be in the thousands. Does the Parliaments’ capacity to scrutinise relate to officials’ ability to engage with each piece of law before a decision is taken on whether it should be extended? That question is probably more for Sir Jonathan Jones, given his experience.
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
My final question is on the negative procedure, which has been touched on. Regulations to preserve REUL are subject to the negative procedure whether they are made by the UK Parliament or the Scottish Parliament. Is the negative procedure appropriate for regulations that preserve REUL?
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
Jonathan Jones or Dr Tucker, do either of you have a view on that?