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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 19 December 2025
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Displaying 1458 contributions

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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.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Jeremy Balfour

“Don’t touch what we’ve done!” [Laughter.]

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Jeremy Balfour

That is a fair point. Perhaps I am just showing my age here.

Moving on slightly, I think that you have answered this already, but just for clarification, am I right in saying that policy development is not really your area and that you get sent instructions that say, “This is what we want. Turn it into legal language”? Is it correct to say that you are not really involved in what lies behind the policy?

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

Would sunset clauses help with these types of legislation? Have we looked at saying “we will grant this but for a limited period of time” to force the executive—whether a new Government or the same Government—to at least justify their use? Would that be a possibility or would it simply add more administration to a busy timescale?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Jeremy Balfour

Are we in agreement on that, or is anyone a Henry VIII fan?