The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 2520 contributions
Delegated Powers and Law Reform Committee
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
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
Meeting date: 14 December 2021
Stuart McMillan
Agenda item 5 is consideration of a negative instrument.
Delegated Powers and Law Reform Committee
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.
Delegated Powers and Law Reform Committee
Meeting date: 7 December 2021
Stuart McMillan
The instrument was laid under the negative procedure and the Scottish Government considers it to be of low significance. Is the committee content that the appropriate scrutiny procedure has been applied?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 7 December 2021
Stuart McMillan
Finally, does the committee wish to welcome the fact that the Scottish Government laid the instrument timeously to rectify an error that was identified by the committee at its meeting on 23 November?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 7 December 2021
Stuart McMillan
Also under this item are three more negative instruments, on which no points have been raised.
Delegated Powers and Law Reform Committee
Meeting date: 7 December 2021
Stuart McMillan
Item 7 is consideration of an instrument not subject to parliamentary procedure and on which no points have been raised.
Delegated Powers and Law Reform Committee
Meeting date: 7 December 2021
Stuart McMillan
Is the committee content with the explanation provided by the Scottish Government for breach of the requirement in section 28(2) of the 2010 act?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 7 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 first of two evidence sessions that are planned for this month, before the committee takes evidence from the Scottish Government in January.
I welcome to the meeting Dr Ruth Fox from the Hansard Society, who is appearing remotely from London, and Morag Ross QC from the Faculty of Advocates, who is joining us in the committee room. We are very grateful that both of you are able to attend the meeting.
I will start the questioning. I would be grateful to get an understanding of your general views on the made affirmative procedure. For example, what are your observations on the frequency of use of the procedure during the coronavirus pandemic compared with its use pre-pandemic?