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 2813 contributions
Delegated Powers and Law Reform Committee
Meeting date: 3 June 2025
Graham Simpson
Good.
Delegated Powers and Law Reform Committee
Meeting date: 3 June 2025
Graham Simpson
Yes.
Delegated Powers and Law Reform Committee
Meeting date: 3 June 2025
Graham Simpson
Thank you very much for your welcome, convener. It is good to be back as it has been a while since I have been here. As you know, I enjoyed being convener of the committee and found it to be one of the most valuable parliamentary committees. I am not saying that to butter you all up so that you will give me an easier time—it is just the reality.
If it is okay, convener, I thought it would be useful for Catriona Lyle to set out the background, and I can then respond more fully to your question.
Delegated Powers and Law Reform Committee
Meeting date: 3 June 2025
Graham Simpson
I hope that that was useful, but, in essence, the question is whether it is appropriate for the Government to confer powers on somebody else to make legislation.
Frankly, I think that this is an example of the committee doing its job, which is what I want. I want the committees that deal with the bill to scrutinise it thoroughly and properly, because, inevitably, as it moves through the parliamentary process, I will want to see people coming up with good ideas to improve it. I think that you have landed on something that we ought to look at for stage 2.
Between being invited back to the committee and coming here today, I got in touch with the Electoral Commission, which, as a body, could be invited to put together the subordinate legislation. I wanted to get its take on that, because I have been in contact with it about the bill and I will continue that contact; in fact, we might work on amendments to the bill for stages 2 and 3. Therefore, I wanted to know what it thought about that provision, and it was pretty clear in its response to me. It said:
“We wouldn't seek to take on the writing of secondary legislation, given our role as an independent statutory body accountable to the Scottish, Welsh and UK Parliaments. Drafting secondary legislation would raise policy questions which would be for the Scottish parliament to decide. We would expect it would be for Scottish Government ministers to write the secondary legislation, as is currently set out in s21 of the Bill as introduced, and we would expect to be consulted on the relevant draft legislation.”
Given that that is the Electoral Commission’s position, which is pretty clear, I think that we should probably be looking at that matter for stage 2.
Delegated Powers and Law Reform Committee
Meeting date: 3 June 2025
Graham Simpson
Mr Kidd, the power that you are talking about relates to the recall element of the bill and not to the non-attendance element of the bill.
Delegated Powers and Law Reform Committee
Meeting date: 3 June 2025
Graham Simpson
Non-attendance is entirely separate, and I presume that the committee is content with that. The power relates only to the recall element.
Delegated Powers and Law Reform Committee
Meeting date: 3 June 2025
Graham Simpson
Yes.
Delegated Powers and Law Reform Committee
Meeting date: 3 June 2025
Graham Simpson
The convener was asking whether I considered extending the power of recall to cover local councillors. One element of the bill relates to the matter that you have just raised, Mr Balfour. The idea that I started with was the question about non-attendance. As you rightly point out, having been a local councillor, as I have, there is in law a provision whereby a councillor who does not attend for six months can be removed. That is a feature of my bill as it relates to MSPs. As you also know, it is entirely possible for an MSP not to come to work and not do the job that the public expects of them. That is a key feature of the bill, so I hope that that reassures you.
Delegated Powers and Law Reform Committee
Meeting date: 3 June 2025
Graham Simpson
The Electoral Commission’s position is clear: it does not want to draft subordinate legislation, but it would like to be consulted on it. I am quite happy to respect that it is the Government’s job to draft the legislation. You would expect that to be the commission’s position.
Delegated Powers and Law Reform Committee
Meeting date: 3 June 2025
Graham Simpson
It is always my preference to have powers set out in a bill, but sometimes that cannot be done. You have to trust ministers to do their job sometimes, Ms Clark—even I do that. [Laughter.] However, my preference in this instance—it will not surprise you to hear this—is that, if we can, we should apply the affirmative procedure, rather than the negative. We should use the highest possible level of parliamentary scrutiny.