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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 February 2026
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Displaying 529 contributions

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Delegated Powers and Law Reform Committee

Trusts and Succession (Scotland) Bill: Stage 1

Meeting date: 2 May 2023

Oliver Mundell

The submission is on the Parliament’s website, but I am sure that the committee clerks would be happy to send it to you. I am sure that, like me, the committee would be interested if you wanted to review the Law Society’s points. Having seen many Law Society submissions on various bills, I think that its comments on section 65 seem quite strong. We would greatly appreciate any feedback that you have.

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 2

Meeting date: 21 March 2023

Oliver Mundell

I question whether we all think that what the minister suggested would be unfair. My argument in response to what the minister said is that, as business and commercial users of the legislation will get a serious benefit from its passing, should the fees that they pay to access the register not be used to help to protect the most disadvantaged in our society?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 2

Meeting date: 21 March 2023

Oliver Mundell

If the amendment was tweaked at stage 3 to give an option to delay the review by a further year or two years, would that make it more flexible and more in line with the minister’s thinking?

Delegated Powers and Law Reform Committee

Moveable Transactions (Scotland) Bill: Stage 2

Meeting date: 21 March 2023

Oliver Mundell

This piece of legislation has been kicking around for a number of years. It took a long time to get it to Parliament and a long time for the Government and Parliament to give it the priority that people in the legal and business communities felt it deserved. Does it not, therefore, seem unlikely that Parliament will find time to look at any small issues or tweaks that need to be made to the legislation without such a provision being in place?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Oliver Mundell

I am not asking you to do it today, but are you willing to share with the committee not necessarily specific proposals but, from the reports that are sitting there, a group that you think might be achievable in this session of the Parliament or that you consider to be the top of the priority list?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Oliver Mundell

That is a point of consensus, and I share that sentiment, but I have one final question on the technical aspect. Some members of the committee were concerned that there is a lower threshold for parliamentary scrutiny of secondary legislation. Do you accept that there is a danger in a busy Parliament that secondary legislation gets less scrutiny than primary legislation?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Oliver Mundell

During stage 1 of the Moveable Transactions (Scotland) Bill, we got a bit of kickback from some witnesses and stakeholders, who said that they were concerned about bits of the bill and had not been asked about it. It is all there in the Official Report and was covered in the stage 1 debate. My question is not specifically about that bill, but will you give an assurance that, when SLC bills are introduced in future, the Government will do its bit to scope out any political risks associated with a bill generating public interest?

11:00  

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Oliver Mundell

To be fair to Mr Arthur, he has been very helpful and engaged proactively with the committee on that individual example. I just wanted to get assurance that the Government is doing its bit to ensure that stakeholders are squared off on SLC bills. I am getting that assurance from you.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Oliver Mundell

I am interested in asking, first, about Scottish Law Commission bills. The committee has been scrutinising two of them recently, but there was a suggestion in the 2021 programme for government that the Government wanted to implement a number of other SLC reports in this session. Are you able to enlighten the committee on the pipeline and timescale for the introduction of those bills and how the Government goes about prioritising the different reports?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 7 February 2023

Oliver Mundell

I am going to move on to touch briefly on the National Care Service (Scotland) Bill, on which the committee has just reported to the lead committee. I do not want to get into the politics of or a spat on the bill itself. I am more interested in hearing the Government’s thinking on the concept of bringing to the Parliament framework bills that contain a large number of delegated powers. In this specific example, and as a former member of the committee, you can understand the challenge that the committee is faced with when a delegated powers memorandum cannot specifically say how the delegated powers would be used. Do you recognise that challenge?