Committee seeking views on framework legislation and Henry VIII powers

The Committee has today launched a consultation to find out more about how framework bills impact on parliamentary scrutiny and stakeholders engaging with the Parliament on legislation.

Framework (or skeleton) legislation sets out the principles for new law, but without much of the detail as to how it will be given practical effect. Instead, broad powers to fill in the detail at a later point are given to ministers, and occasionally other bodies.

Less detailed proposals may create difficulties for MSPs considering the impact of legislation and for stakeholders in setting out their views, or advocating for a particular outcome.

Stuart McMillan MSP, Convener of the Delegated Powers and Law Reform Committee, said:

“Scrutinising legislation is an essential part of the work of the Scottish Parliament.

“We would like to understand more about how framework legislation is used in Scotland and elsewhere, and what people’s views on it are.

“The Committee is keen to play a constructive role. As such, we are keen to consider any practical changes that may help parliamentarians and stakeholders undertake their responsibilities.”

The Committee is also interested in hearing views of how Henry VIII powers are used. These powers allow Ministers to amend acts of Parliament by secondary legislation, which may be minor and necessary. However, there are instances where some consider the use of such powers to be too wide, and so the Committee is keen to explore any safeguards that can be put in place to address these concerns.