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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 31 October 2025
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Displaying 2313 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 24 May 2022

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Constitution, Europe, External Affairs and Culture Committee

Legislative Consent after Brexit

Meeting date: 19 May 2022

Stuart McMillan

My questions are mostly for Michael Clancy. Way back, I was a member of the Devolution (Further Powers) Committee, and some of this discussion has taken me back to 2015 and 2016, when that committee discussed the Sewel convention at great length. I know that the Law Society proposed amendments to the Scotland Bill that would have removed the word “normally” from section 28(8) in the 1998 act. If the amendments as proposed by the Law Society had been accepted, does Mr Clancy think that we would be having this discussion in the committee today? Also, would the relationship between the two Parliaments and two Governments be on a better footing?

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 17 May 2022

Stuart McMillan

Under agenda item 4, we are considering an instrument not subject to parliamentary procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 17 May 2022

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 17 May 2022

Stuart McMillan

Good morning, and welcome to the Delegated Powers and Law Reform Committee’s 16th meeting in 2022. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent.

The first item of business is to decide whether to take item 5 in private. Is the committee content to take that item in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative 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

The draft regulations on the surrender of offensive weapons were relaid by the Scottish Government following questions by the committee. The error that the committee highlighted was resolved in the version that is before us this morning.

Mr Simpson wants to comment.

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.