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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 1 November 2025
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Displaying 2313 contributions

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Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 16 September 2025

Stuart McMillan

Under agenda item 2, we are considering five instruments. I believe that Katy Clark wants to come in.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 16 September 2025

Stuart McMillan

The purpose of the draft instrument is to disqualify a person from being an MSP if they are also a member of the House of Commons, and it does so by making amendments to the Scotland Act 1998. The instrument is one of a package of three draft disqualification instruments. The other two instruments would disqualify a person from being an MSP if they are a member of the House of Lords or a councillor.

The committee asked the Scottish Government about the wording of proposed new subsection (2A) in section 82 of the Scotland Act 1998, which is intended to prevent an MSP who is also an MP from receiving an MSP salary. The committee asked whether it is sufficiently accurate, given the contrast with the wording of section 81(1) of that act.

The Scottish Government’s response was that it considers the wording to be sufficiently accurate and does not intend to take any corrective action. The committee considers that the provision should achieve the desired effect, because it specifies that it is “in accordance with section 81(1)”. However, given that this is an amendment to a constitutional act, it is desirable for it to be as accurate and consistent as possible with the other provisions of the act.

As such, does the committee wish to draw the draft instrument to the attention of the Parliament on the general reporting ground, in that the wording of new subsection (2A), which is to be inserted by regulation 5(c) of the draft instrument into section 82 of the Scotland Act 1998, could be more consistent with the provision in sections 81 and 82 of that act?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 16 September 2025

Stuart McMillan

Thank you.

Issues have been raised on two of the instruments.

Delegated Powers and Law Reform Committee [Draft]

Instrument not subject to Parliamentary Procedure

Meeting date: 16 September 2025

Stuart McMillan

Under agenda item 4, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 16 September 2025

Stuart McMillan

In relation to the new provision in article 16(2) of the relaid draft instrument, the committee asked about the use of the words “where it first appears”. The Scottish Government agreed that that is superfluous, but considered that the provision is sufficiently clear so as not to need any corrective action.

The committee agrees that the error is unlikely to affect the operation of the legislation, and the committee may have been content not to report the matter if it had appeared in a less significant context. However, the committee considers it desirable to ensure the greatest possible clarity in relation to changes to the wording of electoral forms, given their importance to individuals’ exercise of their democratic right to vote.

As such, does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in respect of superfluous references to “where it first appears” in the amendments that are made by articles 16(2)(a), 16(2)(d) and 16(2)(e) of the draft instrument to the “Getting Help” section of postal voting statement forms K, T and U respectively?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 16 September 2025

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Negative Procedure

Meeting date: 16 September 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]

Instruments subject to Affirmative Procedure

Meeting date: 9 September 2025

Stuart McMillan

Under agenda item 2, we are considering two instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 9 September 2025

Stuart McMillan

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

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 9 September 2025

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.