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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 5 May 2021
  6. Current session: 12 May 2021 to 15 June 2025
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Displaying 2194 contributions

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Delegated Powers and Law Reform Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill

Meeting date: 3 June 2025

Stuart McMillan

I call Katy Clark.

Delegated Powers and Law Reform Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill

Meeting date: 3 June 2025

Stuart McMillan

I have a more policy-related question for Mr Simpson. An act was passed in the UK Parliament and you have introduced this bill about MSPs. When you started working on it and were looking at it in its infancy, did you consider expanding the bill to include local authority councillors?

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 3 June 2025

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Decision on Taking Business in Private

Meeting date: 3 June 2025

Stuart McMillan

Welcome to the 19th meeting in 2025 of the Delegated Powers and Law Reform Committee. I remind everyone to please switch off or put to silent your mobile phones and other electronic devices.

The first item of business is a decision on taking business in private. Is the committee content to take items 5, 6, 7, 8, 9 and 10 in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 3 June 2025

Stuart McMillan

Does the committee wish to welcome that the instrument fulfils a commitment by the Scottish Government to correct a drafting error in the Valuation (Proposals Procedure) (Scotland) Amendment Regulations 2024 (SSI 2024/186)?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument not subject to Parliamentary Procedure

Meeting date: 3 June 2025

Stuart McMillan

Under agenda item 3, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill

Meeting date: 3 June 2025

Stuart McMillan

Thank you. It would be helpful if you could also send the reply from the Electoral Commission to the committee.

I call Jeremy Balfour.

Delegated Powers and Law Reform Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill

Meeting date: 3 June 2025

Stuart McMillan

It was something that struck me when I looked at the bill. I assume that it would not be feasible to include such a provision, because the bill is so tightly focused on parliamentarians. I do not imagine that any such amendments would be successful, but I thought I would take the opportunity to ask the question as you are sitting in front of us this morning.

Delegated Powers and Law Reform Committee [Draft]

Scottish Parliament (Recall and Removal of Members) Bill

Meeting date: 3 June 2025

Stuart McMillan

I did not say that I agree with it. I just thought that I would pose the question; that is what we are here to do.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 3 June 2025

Stuart McMillan

The committee asked two questions on this instrument, which, from 1 August 2025, amends the eligibility criteria for membership of the Scottish teachers’ pension scheme by amending the principal regulations for the scheme—the Teachers’ Pension Scheme (Scotland) (No 2) Regulations 2014 (SSI 2014/292).

The first question was whether it had been intentional to include a definition of “immediately before” in schedule 1, thus suggesting that the definition applies in each place where it appears, including references in both the new provisions that are inserted by this instrument and existing provisions. The Scottish Government confirmed that the intention had been for the definition to apply only to the new provisions. However, it considers that, in the context of the other 13 provisions, the new definition is inoperative and therefore of no effect.

The second question relates to proposed new paragraph 16(1)(d) of schedule 1 to the principal regulations, as inserted by regulation 4(c) of these amendment regulations. The committee asked the Scottish Government what the words

“this part of the scheme”

meant in the paragraph, and whether its meaning was sufficiently clear. The Scottish Government confirmed that the paragraph is meant to have effect in relation to the scheme as a whole, as established by the principal regulations, and the unintentional ambiguity is regretted. The Scottish Government intends to clarify both issues in the next amending instrument.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in that the definition of “immediately before”, as inserted into schedule 1 of SSI 2014/292 by regulation 3 of the instrument, was intended to apply in relation to that term only where it appears in proposed new paragraphs 15B, 15C and 15D, but has been applied to all instances where that term appears in schedule 1; and that the reference to

“this part of the scheme”

in proposed new paragraph 16(1)(d) to schedule 1 of SSI 2014/292, as inserted by regulation 4(c) of the instrument, should be a reference to the scheme as a whole? Does the committee wish to note that the Scottish Government has undertaken to clarify those points in the next amending instrument?

Members indicated agreement.