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Seòmar agus comataidhean

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 Negative Procedure

Meeting date: 23 November 2021

Stuart McMillan

The instrument amends the Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Regulations 2003 (SSI 2003/135) in light of changes that have been made to the code of conduct for councillors and the model code of conduct for members of devolved public bodies.

Regulation 2(2) substitutes a schedule to the 2003 regulations with a new schedule, in which the registrable interests of councillors and members of devolved public bodies are described by reference to various paragraphs in the councillors code and the members code respectively.

The committee wrote to the Scottish Government to draw its attention to an error in table B of the schedule that is to be inserted by regulation 2(2). In its response, the Scottish Government confirmed that the omission of category nine, concerning close family members, was an error and has undertaken to lay an amending instrument in early course.

Full details of the error in regulation 2(2) can be read in the correspondence between the committee and the Scottish Government, which can be found in the published papers for this meeting on the committee’s website.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), in that the instrument’s drafting appears to be defective due to the error in table B of the schedule?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 23 November 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 16 November 2021

Stuart McMillan

Welcome to the Delegated Powers and Law Reform Committee’s 10th meeting in session 6. Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent. As we are meeting both in the Parliament and online, I appreciate that it will be more challenging for members appearing online to indicate agreement to the items that are discussed. I therefore ask for members who are appearing remotely to raise their hand if they are not content when any question is put.

The first item of business is to decide whether to take items 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 16 November 2021

Stuart McMillan

The instrument makes provision for a scheme to grant aid for the private storage of pigmeat and specifies the criteria for payment, the procedure for applications and by when those must be made. The scheme is designed to avoid the need for the culling of pigs on farms and the financial loss to farmers as a result.

The instrument breaches section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which requires that negative instruments are laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument was laid on 5 November 2021 and came into force on 8 November 2021. The Scottish Government has written to the Presiding Officer to explain why the 28-day rule has not been complied with.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), on the basis that there was a failure to lay the instrument in accordance with the laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 16 November 2021

Stuart McMillan

No points have been raised on the instrument. Is the committee content with it?

Members indicated agreement.

10:08 Meeting continued in private until 10:28.  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 16 November 2021

Stuart McMillan

Under item 3, we are considering three negative instruments. Issues have been raised on two of the instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 16 November 2021

Stuart McMillan

Is the committee content with the explanation that has been provided for the breach of the laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 16 November 2021

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 16 November 2021

Stuart McMillan

Under item 2, we are considering one affirmative instrument.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 16 November 2021

Stuart McMillan

Under item 4, we are considering one instrument not subject to procedure