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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

Instruments subject to Affirmative Procedure

Meeting date: 14 December 2021

Stuart McMillan

Agenda item 4 is consideration of affirmative instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 14 December 2021

Stuart McMillan

Is the committee content with the draft regulations?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

We have lost your sound, Professor Tierney.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Stuart McMillan

We are about to close but, before we do so, I ask the witnesses whether they have any additional comments or points that they would like to highlight that they feel have not been covered.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 14 December 2021

Stuart McMillan

The final point that I raised was about writing to the Cabinet Secretary for Justice and Veterans, and we will certainly incorporate members’ thoughts.

Is the committee content with those actions?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 14 December 2021

Stuart McMillan

Item 6 is consideration of instruments that are not subject to parliamentary procedure and on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 14 December 2021

Stuart McMillan

Before our consideration of Scottish statutory instruments, I suggest to members that, as we are meeting online, you will find it more challenging to indicate agreement to the instruments under discussion. I therefore ask you to raise your hand if you are not content with the question being put or if you wish to talk about an instrument.

Agenda item 3 is consideration of made affirmative instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 14 December 2021

Stuart McMillan

An issue has been raised on this instrument, which amends the Prisons and Young Offenders Institutions (Scotland) Rules 2011. As it was laid before the Parliament on 30 November and came into force on 13 December 2021, it does not respect the requirement in section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2021 that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument.

Before I invite comments from members on whether the breach of the 28-day rule was appropriate, does the committee agree to report the instrument on reporting ground (j) for failure to lay it in accordance with laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010?

No member has indicated that they are not content, so we are agreed.

As well as the explanation provided by the Scottish Government for the breach, members will have seen the correspondence from the Scottish Centre for Crime and Justice Research. Although the letter probably focuses more on wider policy concerns instead of issues that fall within our technical remit, it also refers to the speed with which the changes have been implemented.

Do members have any comments?

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 14 December 2021

Stuart McMillan

Agenda item 5 is consideration of a negative instrument.

Delegated Powers and Law Reform Committee

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

Meeting date: 7 December 2021

Stuart McMillan

Under item 3, we will consider an instrument that has been laid under the European Union (Withdrawal) Act 2018. The committee is considering whether the appropriate scrutiny procedure and the appropriate category have been applied to the following instrument.