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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 912 contributions

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Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Katy Clark

You are open to looking at that. That is great.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Katy Clark

As we all know, people tend to work to deadlines. When we ask for specific regulations or a specific document, the Parliament is often given the explanation that that information is not ready yet. That is a cultural issue in relation to how we organise ourselves. Would it be possible, in some situations, to have stricter requirements on draft regulations being available at an earlier stage?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Katy Clark

Uprating of benefits and changes to the levels of fines are defined and narrow issues for the Parliament to consider, and they often relate to increases in the cost of living and people’s wages. However, it would have been possible to put a great deal more detail in the Fireworks and Pyrotechnic Articles (Scotland) Act 2022, for example, and in some criminal justice legislation, but the Scottish Government chose not to go down that path. That approach can make it difficult for the Criminal Justice Committee to ascertain exactly what the Government is proposing, so we have to consult and scrutinise on the basis of what we think the Government is likely to do.

Often, the Government does what we guess it will do and what we think is most likely. However, do you agree that the whole point of scrutiny is to scrutinise specific proposals and that currently, in many situations, such detail is not in primary legislation? In those situations, should there be scope for an enhanced scrutiny process for secondary legislation?

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Katy Clark

The evidence that you have just given on time limits is highly concerning. The committee would very much appreciate it if you wished to provide more information on that. As you say, it would be interesting to get the Crown’s perspective on those issues.

On the bill that we have before us today, you have given very clear evidence that you can see many scenarios in which national jurisdiction might be helpful and appropriate, but you also expressed considerable concern. The provision would apply to a range of different types of cases. It would apply to solemn and summary cases, and to cases that are at different stages, perhaps where there has already been a lengthy trial, where someone is appearing from custody or where a particular sheriff or judge has a great deal of knowledge of a case or an accused.

Could there be more detail in the bill on the kind of criteria that would need to be used in relation to national jurisdiction, or should there be a requirement for more detail in, for example, a practice note or in the rules of court? Is that something that you have given any consideration to or that you could assist the committee with? If we agree to the principle of national jurisdiction, do the criteria, safeguards and protections need to be fleshed out more?

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Katy Clark

Thank you.

I will ask a question on part 2 of the bill, which sets out a framework for a system of domestic homicide and suicide reviews. Have you looked at those provisions? Do you have any views that you would be able to share with the committee?

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Katy Clark

Thank you.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 21 January 2025

Katy Clark

If Mike Hedges or Jonathan Jones do not want to come in on that, I will move on.

Another issue is the supporting documentation that comes with statutory instruments. As you know, there is often an explanatory note as well as a policy note. In your experience, is the information that is provided accurate? Moreover, is it sufficient, particularly in respect of delegated legislation that is made under a framework bill?

That is a question for the witnesses in the room. I do not know whether Finlay Carson would like to come in on that first.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 21 January 2025

Katy Clark

Kenneth Gibson, would you like to respond?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 21 January 2025

Katy Clark

Jonathan Jones, from a Westminster perspective, is there a case for being able to amend secondary legislation? At the moment, we are put in a position in which we have to take it or leave it—parliamentarians are not able to amend SSIs. Do you have a view on that? What would the issues be?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 21 January 2025

Katy Clark

Does Mike Hedges have a view on that?