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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 5 May 2021
  6. Current session: 12 May 2021 to 4 July 2025
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Displaying 2221 contributions

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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: 7 December 2021

Stuart McMillan

Can you repeat your question, please?

Delegated Powers and Law Reform Committee

European Union (Withdrawal) Act 2018: Instrument Procedure and Category

Meeting date: 7 December 2021

Stuart McMillan

Given the policy areas that the instrument concerns, does the committee agree that we should write to the relevant committee to highlight our thoughts?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

We can now, yes.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

We can now.

Delegated Powers and Law Reform Committee

Instruments Subject to Made Affirmative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Item 4 is consideration of four instruments subject to the made affirmative procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments Subject to Made Affirmative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Is the committee content with the regulations?

Members indicated agreement.