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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 4 April 2025
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Displaying 1119 contributions

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Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Paul Sweeney

I appreciate those answers.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Paul Sweeney

That is helpful. I suppose that necessity is sometimes the mother of invention. You have described the time constraints that might drive behaviours that are not necessarily malicious or malign in intent but that are simply a by-product of other pressures in the system. Your suggestions are helpful and could assist.

Dr Fox, in her evidence to the committee, described the trend towards drafting “skeleton bills” that are, because of their architecture, prone to be massively expanded on by secondary legislation. That trend in the design of legislation might be why the propensity to use delegated powers in such a way has expanded significantly in recent years. What might recent primary legislation and the nature of the powers that have been given to ministers mean for the exercise of executive powers in future? Do you agree with the observation about skeleton bills and that the architecture of bills has substantially changed in recent years, which has perhaps driven some of the behaviours that we have talked about and expanded the use of secondary legislation?

That could tie into your points about a code, Professor Tierney, or even legislation to tighten up the design of bills.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Paul Sweeney

It is certainly a cause for concern. Sir Jonathan, do you have any thoughts on that question?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 14 December 2021

Paul Sweeney

Thank you to our witnesses for giving such comprehensive and expert evidence. It seems to me that perhaps this is all a function of the lack of a codified constitution, but perhaps that is a more fundamental debate that we need to have.

I was intrigued by the idea of introducing a definition of urgency as a check. Could that be a lever for stopping the ratchet from tightening? What practical impact might that have on the future exercise of executive power? I direct that question, in the first instance, to Sir Jonathan.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Paul Sweeney

Sorry about that. The discussion has been really interesting to follow, and I thank both the witnesses for their insights.

I have a question for Ms Ross. From a historical perspective, as much as anything else, does the increasing use of the made affirmative procedure represent a general shift of legislative power away from the Parliament towards the Executive? Is that a valid observation?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Paul Sweeney

That is a helpful insight. I am sure that you will have a perspective on that, Dr Fox, given the study that you did in the House of Commons in 2017. Controlling for the pandemic, what would be your general impression from a historical perspective? Is there a long-term trajectory of the erosion of parliamentary power relative to the Executive? Should that be of concern to members of the Scottish Parliament as well as members of the House of Commons?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Paul Sweeney

That is an interesting insight—the perils of elective dictatorship. It is an interesting point to hold in perspective in relation to the Scottish Parliament, because the parliamentary arithmetic here is somewhat different and there is scope for us to scrutinise and to hold the Executive’s feet to the fire on inadequate provision in bills and ensure that they are not just skeletons, as you put it. That is worth considering.

It was helpful to have that stated explicitly for the purposes of what we are trying to achieve, so thank you for those non-technical takes. Is there anything further that you want to add that we have not considered about the made affirmative procedure and its scrutiny process? Both witnesses should feel free to jump in.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Paul Sweeney

Can you hear me all right now, convener?

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Paul Sweeney

[Inaudible.]—to understand some of the—

Citizen Participation and Public Petitions Committee

New Petitions

Meeting date: 1 December 2021

Paul Sweeney

I am sympathetic to the petitioner’s requests, which are clearly personally significant. I note the legislative change with regard to organ donation, which has created an opt-out system, and I do not see why the same principle cannot apply to all forms of post mortems or physical interventions on the body. There could be a system of proactive consent, whereby the next of kin could express their desire that such things did not take place. That is what happens with organ donation, which people now have to opt out of, and we could have a look at how those two issues interact.