The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
Dr Tucker wants to come in.
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
Welcome to the 33rd meeting of 2022 of the Delegated Powers and Law Reform Committee. We have received apologies from Jeremy Balfour. I remind everyone to switch their mobile phones to silent.
Agenda item 1 is a decision on taking business in private. Does the committee agree to take items 5 and 6 in private?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
Given the comments that he has already made, the next question is probably more for Dr Tucker, but the other two witnesses are welcome to respond, too.
Could you give us your reflections on the extent to which Parliament, as opposed to ministers, will be able to influence what the statute book will look like as a result of the bill?
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
I will bring in Bill Kidd, who has a question about clause 16.
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
Sir Jonathan, you mentioned the word litigation. Paul Sweeney’s question was about clause 8, but it made me think about the bill as a whole.
The word “uncertainty” has been used a lot by witnesses today, about what may or may not happen. Do witnesses expect litigation to take place because of the lack of clarity that is caused by the number of regulations and the volume of legislation that will be covered by the bill? There are 2,400 pieces of retained EU legislation and potentially another 1,400—possibly up to 5,000. I dare say that, at some point in the future, some organisations will operate and take decisions on the basis of what they think is the law, but potentially, because of the sunset clause, the initial law might not exist any more, because it will have fallen off the statute book. Do you expect an increase in litigation as a consequence of this legislation from the UK Government?
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
The final area of questioning is on the issue of Henry VIII powers, which tend to bring some controversy any time they are spoken about.
Prior to the publication of the bill, the Public Law Project, in written evidence to the House of Commons European Scrutiny Committee’s inquiry into retained EU law, stated:
“A broad Henry VIII power for the UK Executive to make law in any area of former EU competence would be constitutionally inappropriate.”
The Scottish Parliament’s Constitution, Europe, External Affairs and Culture Committee, in its recent report titled “The Impact of Brexit on Devolution”, stated:
“The Committee’s view is that the extent of UK Ministers’ new delegated powers in devolved areas amounts to a significant constitutional change. We have considerable concerns that this has happened and is continuing to happen on an ad hoc and iterative basis without any overarching consideration of the impact on how devolution works.”
Do the witnesses have any comment about the Henry VIII nature of many of the powers contained in the bill?
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
Colleagues have no further questions. Do panel members have anything to put on the record that they have not already highlighted?
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
Under agenda item 3, we are considering an instrument on which no points have been raised.
Delegated Powers and Law Reform Committee
Meeting date: 13 December 2022
Stuart McMillan
Under agenda item 4, we are considering an instrument on which no points have been raised.
Delegated Powers and Law Reform Committee
Meeting date: 6 December 2022
Stuart McMillan
Is the committee content with the instrument?
Members indicated agreement.