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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
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Displaying 2520 contributions
Delegated Powers and Law Reform Committee
Meeting date: 14 December 2021
Stuart McMillan
Professor Tierney touched on September 11. As I prepared for today, I was struck by the events of 9/11 and by the situation when mad cow disease came into the UK. Are you aware of measures that were brought in at that time regarding the made affirmative procedure? Was any other scrutiny brought in with that? Those two huge events have had an impact on life ever since.
Delegated Powers and Law Reform Committee
Meeting date: 14 December 2021
Stuart McMillan
Okay—no problem.
Sir Jonathan, you spoke a moment ago about some things that could happen to try to provide more scrutiny. Graham Simpson gave the example of the Covid passport instrument. I am not sure whether you are aware of this but, prior to the final instrument coming to the Parliament, a statement was given in the chamber, and there were questions to the relevant minister. The Minister for Parliamentary Business also came before our committee and took questions from us.
There was some pre-scrutiny in that instance. I accept that there was not so much scrutiny of the instrument itself, but there were opportunities for dialogue and scrutiny with the relevant ministers. Clearly, colleagues might not have been happy with some of the responses from the minister, but that happens in every Parliament. However, that approach has not been taken with every made affirmative instrument that has come to the Parliament. I cannot comment about what happens elsewhere. I wanted to make you aware of the actions that took place, because that instrument clearly had a lot more public and political interest to it than many of the other made affirmatives that have come into the committee and the Parliament.
I have a question for both Professor Tierney and Sir Jonathan on the issue of legislation and the legal requirement to provide evidence of urgency. From what you have both said, it is clear that more information should be presented. Should that requirement be put on a legal footing? If that is the case, do you have any examples of existing legislation that could help with the situation that we currently face? Clearly, Covid is not going away any time soon and we will be living with it for some time, whether in an emergency situation, as at present, or further down the line when society has returned to a more normal state.
11:00Delegated Powers and Law Reform Committee
Meeting date: 14 December 2021
Stuart McMillan
I thank Professor Tierney and Sir Jonathan Jones for their helpful evidence. The committee might wish to follow up by letter any additional questions stemming from the meeting—we will discuss that later on this morning. Thank you very much to you both, gentlemen.
I briefly suspend the meeting to let the witnesses leave BlueJeans.
11:38 Meeting suspended.Delegated Powers and Law Reform Committee
Meeting date: 14 December 2021
Stuart McMillan
Is the committee content with the instruments?
No member has indicated that they are not content or that they wish to speak, so we are agreed.
11:57 Meeting continued in private until 12:35.Delegated Powers and Law Reform Committee
Meeting date: 14 December 2021
Stuart McMillan
Agenda item 4 is consideration of affirmative instruments.
Delegated Powers and Law Reform Committee
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
Meeting date: 14 December 2021
Stuart McMillan
We have lost your sound, Professor Tierney.
Delegated Powers and Law Reform Committee
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
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
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.