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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 14 October 2025
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Displaying 1537 contributions

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Constitution, Europe, External Affairs and Culture Committee

Legislative Consent after Brexit

Meeting date: 19 May 2022

Clare Adamson

The convener of the Delegated Powers and Law Reform Committee, our colleague Stuart McMillan, who has an interest in what we are doing today, is joining us for the second agenda item. A very warm welcome to you.

We are taking evidence in a round-table format on legislative consent after Brexit. This is the first in a series of round tables that we have planned on post-EU constitutional issues. I am delighted to be joined by Professor Nicola McEwen, who is professor of territorial politics at the University of Edinburgh, and senior research fellow on UK in a changing Europe; Professor Stephen Tierney, who is professor of constitutional theory at the University of Edinburgh; Professor Aileen McHarg, who is professor of public law and human rights at Durham University; Akash Paun, who is senior fellow at the Institute for Government; and Professor Alan Page, who is emeritus professor of public law at the University of Dundee. Also—this is my first time managing a hybrid round table, so bear with me, people—Michael Clancy, who is director of law reform at the Law Society of Scotland, is joining us online.

Our committee adviser, Dr Christopher McCorkindale, who is a senior lecturer in law at the University of Strathclyde, is also here. We have four topics to cover. As always, I am afraid that we must have a sharp close because of First Minister’s question time on a Thursday morning, but we are hoping to have a discussion of around 20 minutes on each of the four topics. I invite Dr McCorkindale to introduce the topics.

Constitution, Europe, External Affairs and Culture Committee

Legislative Consent after Brexit

Meeting date: 19 May 2022

Clare Adamson

Although we were trying to stick to 20 minutes for each topic, we have already had quite a good mix of all four, so I am relaxed about that. A number of members want to contribute, however, so I will call Alasdair Allan and Donald Cameron and then bring in others from the wider group.

Constitution, Europe, External Affairs and Culture Committee

Legislative Consent after Brexit

Meeting date: 19 May 2022

Clare Adamson

It is interesting that, if the PPA decides to go down the route of subgroups, those would likely be around policy areas and, although subject committees of this Parliament and the other devolved Parliaments would obviously have no role in that, the expertise would be there for devolved areas. We absolutely need to be working on that.

Constitution, Europe, External Affairs and Culture Committee

Legislative Consent after Brexit

Meeting date: 19 May 2022

Clare Adamson

Thank you very much, Dr McCorkindale. I ask those in the room to indicate to me or the clerks if they want to come in, and those online to put an R in the chat—that will be relayed to me by the clerks. We will try to get everybody in.

I invite Mr Ruskell to open questions from the committee.

Constitution, Europe, External Affairs and Culture Committee

Legislative Consent after Brexit

Meeting date: 19 May 2022

Clare Adamson

Michael Clancy joins us online.

Constitution, Europe, External Affairs and Culture Committee

Legislative Consent after Brexit

Meeting date: 19 May 2022

Clare Adamson

I am very interested in this area as well. Obviously, the interparliamentary forum has started up again and those links are there. The scrutiny of decision making is a concern across all devolved Parliaments at the moment and is a concern for the House of Lords, whose Constitution Committee has raised these issues. I am interested in how we go forward with that. As Maurice Golden said, a formal interparliamentary forum is an informal grouping of the Parliaments. As we move forward, are we in danger of not formalising some of those things as a way of future-proofing for dispute resolution in other areas. I am also interested in how the Parliaments can possibly scrutinise common frameworks.

I want to bring in Mr Clancy and then open up those points for the wider group.

Constitution, Europe, External Affairs and Culture Committee

Legislative Consent after Brexit

Meeting date: 19 May 2022

Clare Adamson

I can neatly bring Akash Paun in at this point.

Constitution, Europe, External Affairs and Culture Committee

Legislative Consent after Brexit

Meeting date: 19 May 2022

Clare Adamson

We have exhausted our time, if not our questions and interest in this area. I echo Ms Boyack’s comments and thank everyone for their submissions to the committee, which were extremely helpful, and I thank Dr McCorkindale for his continued support in our evidence sessions. As I said, we are holding a series of round tables in this area, and I am sure that the committee will report on it in the near future. I thank everyone for their attendance.

Meeting closed at 11:24.  

Constitution, Europe, External Affairs and Culture Committee

Legislative Consent after Brexit

Meeting date: 19 May 2022

Clare Adamson

Welcome back, everyone. I invite questions or comments from Ms Boyack and Mr McMillan, after which we will open up the discussion again.

Constitution, Europe, External Affairs and Culture Committee

Legislative Consent after Brexit

Meeting date: 19 May 2022

Clare Adamson

I am conscious of time. I will suspend for five minutes for a comfort break. When we come back I will bring in Ms Boyack and Mr McMillan.

10:33 Meeting suspended.  

10:40 On resuming—