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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 14 September 2025
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Displaying 2246 contributions

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Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 14 December 2021

Stuart McMillan

Welcome to the 14th meeting in session 6 of the Delegated Powers and Law Reform Committee. The meeting is taking place virtually, following the guidance that the Presiding Officer issued last week to limit the number of people attending Holyrood and was agreed by the Scottish Parliamentary Corporate Body and the Parliamentary Bureau. The intention is to help the Parliament play its part in limiting transmission of the virus.

The first item of business is to decide whether to take items 7, 8, 9 and 10 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Item 2 is an evidence session for the committee’s inquiry into use of the made affirmative procedure during the coronavirus pandemic. This is the second of two evidence sessions planned for this month, before the committee hears from the Scottish Government in January.

I welcome to the meeting Professor Stephen Tierney, who is professor of constitutional theory at the University of Edinburgh’s school of law, and Sir Jonathan Jones QC, who is a former permanent secretary of the United Kingdom Government Legal Department and is now at Linklaters LLP. We are grateful that you are both able to attend virtually. I remind all attendees not to worry about turning on their microphones during the meeting, as they are controlled by our broadcasting staff.

I will start the questioning. Before we move to specific questions on the use of the made affirmative procedure, do the witnesses have any initial observations on the use of the procedure during the pandemic?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Thank you. I will bring in Craig Hoy.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Graham Simpson wishes to ask a supplementary question.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Okay. Sir Jonathan—[Interruption.]

Sorry, Professor Tierney—I think that you are still talking, but no sound is coming through. Are you finished?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

I have looked through the meeting papers and the Official Report of our meeting on Tuesday 7 December and have considered the experience that we have all had over the past nearly 20 months.

Would it be fair to say that experience has shown that Governments cannot legislate for every eventuality, whether in primary or secondary legislation? There have been a number of complications and challenges for parliamentarians when we have attempted to undertake our work.

10:15  

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

I will come back to that in a moment. Professor Tierney, do you want to add to that?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

Yes.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

We have lost sound again, Professor Tierney.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 14 December 2021

Stuart McMillan

Colleagues have made a number of points there, for which I thank them.

First, does the committee wish to report that it is not content with the explanation that the Scottish Government has provided for a breach of the requirement in section 28(2) of the 2010 act? As the committee has done previously, I emphasise that the Scottish Government should normally comply with laying requirements to facilitate timely parliamentary scrutiny of such important policy choices.

Secondly, does the committee agree to highlight to the lead committee the correspondence that has been received from the Scottish Centre for Crime and Justice Research?

Finally, does the committee wish to highlight concerns about the speed of change in policy to the Cabinet Secretary for Justice and Veterans, who is responsible for prison reform and policy, and to the Minister for Drugs Policy?