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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 7 December 2025
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Displaying 2424 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 1 March 2022

Graham Simpson

That was a very useful session that we had with the Deputy First Minister just now.

The instrument deals with a number of areas. I could be content with some of them, but there is one that I am really not comfortable with, which is the power to close student accommodation and boarding accommodation. As we heard during the earlier discussion, the power has never been used during the entire pandemic—the Government has relied on guidance—so I can see no justification for hanging on to it for another six months. I do not think that Mr Swinney made a compelling argument for doing so. If the Government did not use a power—which was an emergency power—during the height of the pandemic, I can see no justification for hanging on to it now that we are in a much better place than we have been.

The instrument throws up the issue of what happens when we, as parliamentarians, are asked to approve instruments that contain a number of provisions, some of which we like and some of which we do not. There needs to be some flexibility in the system to allow us all to pick and choose. If that could be reported to the lead committee, that would be useful.

On the basis that I do not like one of the provisions, I will vote against the instrument, but I would much rather have the ability to pick off any provisions that I do not like. However, that option is unfortunately not available to us. On that basis, I will vote against it.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 22 February 2022

Graham Simpson

As a follow-up, why have you chosen not to use those powers and set out further exemptions?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 22 February 2022

Graham Simpson

You said that it is up to local councils to set out exemptions, and then you agreed with me that you could do it in regulations, which you can but you have chosen not to.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 22 February 2022

Graham Simpson

We will come to that in the debate.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 22 February 2022

Graham Simpson

You said in your opening comments that the instrument had been delayed because of Covid. As I have pointed out, businesses are still struggling. Why do you think that now is the right time to introduce the instrument?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 22 February 2022

Graham Simpson

Will the minister give way?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 22 February 2022

Graham Simpson

I will try not to take up too much of the committee’s time but, clearly, committee members are very engaged with the issue. I will take any interventions, including from the minister, if possible. I know that she is joining us remotely but, if she wants to intervene, I will allow her to do so, if I can, because we need a proper debate.

The minister said that the reason why the instrument has only just been developed and brought before Parliament is because of Covid—those were her words. That is exactly the reason why it is wrong to introduce the measure now. Businesses are still recovering from the pandemic. The committee has heard concerns from several organisations, including the Food and Drink Federation Scotland and the Scottish Retail Consortium, and we know that Scottish Chambers of Commerce, the CBI and a number of other organisations have concerns. Businesses have made it absolutely clear that this is the wrong time to introduce the measure.

To go back to what Ms Hyslop said, timing is important. Indeed, it is crucial. Businesses are struggling, and they need to recover. The last thing that they need now is an extra tax, and this is an extra tax.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 22 February 2022

Graham Simpson

Okay. It would have been useful to hear from the minister what she thinks would be an acceptable level. She seems to think that she has the power to call in schemes—I will take her word for that. If she does have that power and if she were to call in a scheme, what does she think would be an acceptable level per parking space? I will let the minister in again if she wants to respond.

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 22 February 2022

Graham Simpson

I thank Jackie Dunbar for taking an intervention. She has focused a lot on exemptions. We have established that the minister could make exemptions at a national level—for example, for teachers and police officers, who have to park outside their work. Is that the sort of thing that she would like to see?

Net Zero, Energy and Transport Committee

Subordinate Legislation

Meeting date: 22 February 2022

Graham Simpson

Would you like the minister to make that sort of move?