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.
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Delegated Powers and Law Reform Committee
Meeting date: 28 October 2025
Stuart McMillan
Good morning and welcome to the 29th meeting in 2025 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices. We have received apologies from Katy Clark MSP.
The first item of business is a decision on taking business in private. Is the committee content to take in private items 6 to 15?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 28 October 2025
Stuart McMillan
Is the committee content with the instrument?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 28 October 2025
Stuart McMillan
Under agenda item 3, we are considering two instruments. An issue has been raised on the following instrument.
Delegated Powers and Law Reform Committee
Meeting date: 28 October 2025
Stuart McMillan
Is the committee content with the instrument?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 28 October 2025
Stuart McMillan
Under agenda item 4, we are considering a document that has been laid for consultation. No points have been raised on the following document.
Delegated Powers and Law Reform Committee
Meeting date: 28 October 2025
Stuart McMillan
Is the committee content with the proposed draft order?
Members indicated agreement.
10:04 Meeting suspended.Delegated Powers and Law Reform Committee
Meeting date: 28 October 2025
Stuart McMillan
Thank you for that, minister. I fully appreciate your point regarding detail and am relaxed about that.
You touched on the report that the committee published regarding the first quarter of this year. For the record, the committee has identified a lot more issues in SSIs over recent months, with 28 per cent of instruments considered between 13 May and 8 September being reported. One key thing for the committee was that we found 30 individual issues in just six of those reported instruments, including some quite serious issues of potentially defective drafting. So, notwithstanding the comments that you just made, are you concerned by the increase in the number of issues being identified?
Delegated Powers and Law Reform Committee
Meeting date: 28 October 2025
Stuart McMillan
That is helpful. I will pick up on one of the points, which was the technical nature of the SSIs. I do not doubt in any way, shape or form that they are technical, but I probably do not fully support your argument, to be quite honest, because I am sure that we all recognise that the vast majority of legislation is technical in nature anyway.
You touched on the requirement to provide additional information to drafters. Can you elaborate a bit more on that? In the past, the committee has tried to improve its understanding of the process that takes place when SSIs are drafted. Two or three years ago, some changes were put in place, so I am keen to flesh out where we are with those.
Delegated Powers and Law Reform Committee
Meeting date: 28 October 2025
Stuart McMillan
On that point, has there been much staff turnover in the department, or have staff numbers remained fairly stable both over this quarter and before?
Delegated Powers and Law Reform Committee
Meeting date: 28 October 2025
Stuart McMillan
Would it be possible to send the committee details of the updated process that you have?