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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: 7 January 2025

Jeremy Balfour

We could spend a lot of time discussing this, and I am sure that there is a lot that we would like to hear from you, but, fundamentally, how appropriate are Henry VIII powers? Should we be pushing back on them, or is it that, like 21st century social media, it just has to happen that way now?

Dr Govan, you are shaking your head and not smiling, so I come to you first.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Jeremy Balfour

My final questions are about the comments made by the Delegated Powers and Regulatory Reform Select Committee in the House of Lords on how all of this works. Have those comments influenced or changed the way that you work in practice as drafters? If so, can you give us examples of how things have changed in the light of some of that committee’s reports?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Jeremy Balfour

We are trying to work out how we, as a Parliament, hold the Government accountable when we have these framework bills. I think that everyone recognises the issue, but we are struggling slightly to find a solution to it. Given the expertise around this table, how would you suggest that we, as parliamentarians, hold the Government to account when a framework bill is introduced? I am afraid that I am going to start with you again, Andrew, because you are smiling and nodding.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Jeremy Balfour

Good morning, and happy new year to everybody. I want to follow up on Professor Whitaker’s opening remarks. Do we now have more skeleton or framework bills—or however we want to describe them—than we had historically or in previous generations, both here and in Westminster, but also in other jurisdictions across the world? If so, why is that? Is it because people do not want to make difficult decisions and want to leave it to others? Alternatively, is there some more philosophical view as to why such bills have become more prevalent?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Jeremy Balfour

That was helpful.

I have one further question. This particular Government’s justification is that it wants to involve as many stakeholders and as much of the community as possible, so it says, “We’ll get the framework bill passed and then we’ll go and do the consultation so that everybody can be involved in it.” As an Opposition politician, I suppose that my question is this: why not do the consultation first and then bring the bill forward? From a policy perspective, is it justifiable to say, “We want to get this right, so let’s involve as many people as possible, and it’s easier to do that once we’ve got the primary legislation passed”? I am just interested in hearing what you think of that from an academic perspective—and particularly from a social perspective, too.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Jeremy Balfour

Thank you.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Jeremy Balfour

Good morning, and thank you for coming. I just want to pick up on a couple of points that have already been made.

We are told that one of the reasons for having framework bills in Scotland is that the Government wants to consult further once the primary legislation is in place. Does it help you as a drafter to have the information from a consultation when you draw up primary legislation, or is it more helpful to have it when you are working on secondary legislation—or does it make no difference?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Jeremy Balfour

It is coming up to 40 years since I started working in the law, which is a bit frightening, but one of the things that I remember from my first year of jurisprudence is that the point is to make good law—which means, in other words, that it can be understood by as many people as possible and implemented by the courts, if required. From a drafting perspective and given your vast amounts of experience, do you think that secondary legislation gives good law and clarity so that people know what the Government of the day is trying to do?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Jeremy Balfour

Do you not think that, when we are dealing with an area of law—say, criminal law—if it is all in the statute, it is easier for people to find and interpret the information, instead of their having to look at the primary legislation and then X amount of secondary legislation?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Jeremy Balfour

Thank you.