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 1636 contributions
Economy and Fair Work Committee
Meeting date: 8 January 2025
Daniel Johnson
Perfect.
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Daniel Johnson
That is a really helpful insight. Just to—
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Daniel Johnson
I was just going to collapse into the next area about dealing with the specific powers—-
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Daniel Johnson
Okay.
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Daniel Johnson
Many of my questions have been touched on, so what I say might be a little repetitious. However, I will try to avoid that.
First of all, though, I would like to start almost from the beginning and understand your roles a bit more. You are both lawyers who sit in the Cabinet Office and work across Whitehall departments. Do you typically work directly with ministers and other civil servants? Can you describe the function of your office and how you interact with other parts of Government?
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Daniel Johnson
What I am really interested in is whether there is any possibility of sharing best practice. Obviously the jurisdictions are different, but drafting is drafting and, in a sense, lots of different people are seeking to do the same job of translating policy intent into good law. Is there any possibility of sharing best practice, both generally and more specifically with regard to delegated and Henry VIII powers? I keep saying “Henry VIII” but that is, as the previous panel pointed out, a pejorative term, so perhaps I should say “powers to amend primary legislation”. To what extent does the possibility of sharing best practice exist, and to what extent is there a possibility of exploring that in the future?
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Daniel Johnson
That certainly raises an interesting point for me, given that the Scottish Government and, I would imagine, the Welsh Government are former Government departments. Do you have interactions with lawyers from devolved Administrations or do you interact purely with Whitehall departments? I recognise that such interactions might be on a slightly different basis, but if you do have those contacts, in what circumstances do they arise?
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Daniel Johnson
Finally, I have one slightly cheeky question—well, it is not cheeky but it is slightly less formal. As two drafters speaking to a group of legislators, if you had one plea to legislators on what they should consider when they are thinking about turning policy into codified law, what might that be?
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Daniel Johnson
Thank you.
Delegated Powers and Law Reform Committee
Meeting date: 7 January 2025
Daniel Johnson
I would like to know whether other witnesses think that guidance or a concordat is a practical solution. I also wonder whether the conclusion of the discussion that we have had this morning is that not just principles, but counterfactual tests, would be required. That is, is what will be done foreseeable and predictable? Are boundaries and parameters set?
Principally, do the other members of the panel agree that some sort of published document on how framework legislation or secondary powers will be used would be a helpful way forward, both at Holyrood and elsewhere?