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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 5 May 2021
  6. Current session: 12 May 2021 to 2 May 2025
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Displaying 1222 contributions

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Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

Thank you for that—it was helpful.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

It does.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

That is helpful.

We have already picked up on this, but I want to dig a wee bit deeper into the scrutiny of secondary legislation. One frustration of non-Government politicians is that they cannot amend secondary legislation—it is either a yes or a no. Last week, there was some talk, particularly from the academics, about devising a scheme of not necessarily amendments, but some kind of procedure whereby a committee or the Parliament could at least raise concerns and suggest how changes might be made. From a practical perspective, could that work in practice? Do you have experience of other jurisdictions that have that model?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

Jonnie Hall, I know that you are concerned about having the flexibility and speed of secondary legislation, particularly in an emergent situation. Would you have any concern around the greater scrutiny of secondary legislation, or is your concern more about its not holding anything up too much?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

That was really helpful.

My final question is for Vicky Crichton. Secondary legislation powers are granted to your organisation, although I suspect that most MSPs are not aware of that. You have quite wide-ranging powers, as do other organisations. Do you feel that, in some way, MSPs should be more involved in that and should be consulted? Obviously, from your perspective, it is easier if we do not get involved at all, but perhaps you could lay aside your self-interest for a second. As a general point, we grant third parties quite a lot of powers without any kind of accountability back to Parliament—that applies even more to Westminster. On reflection from your experience, should your successor have more accountability?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

Sorry—I could not see you.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

Good morning. I want to follow up that point—and briefly, because I do not want to go too far down a rabbit hole.

In the witnesses’ opinion, given their expertise and knowledge, are we having more of these types of bills now than we had in, say, the 1980s and 1990s? If so, can they give us a reason why?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

No, actually, it is a fair point to make. Parliament was set up on the presumption that members would lay aside their party politics and take much more of a scrutinising role as committee members, but I think that we have seen a change to that in the past 25 years.

I will move on, because I am conscious of time. One reason that the Scottish Government gives us for having framework bills is that much more scrutiny can be done once the bill has been passed—we can involve stakeholders, it can be co-designed, and all the other lingo that we use. Is that a reality for you? Would it be possible to do that heavy lifting—as Adam Stachura described it—before the legislation came to Parliament so that it could be put into primary legislation or is it easier to do it further down the road?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

Thank you. I am conscious of the time, so I will leave it there.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Jeremy Balfour

Thank you. I have just one final question.