The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1105 contributions
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Bill Kidd
Under agenda item 4, we are considering three instruments, on which no points have been raised.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Bill Kidd
Under agenda item 3, we are considering one instrument, on which no points have been raised.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Bill Kidd
Is the committee content with the instruments?
Members indicated agreement.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Bill Kidd
We got through a wee bit there, so that is not too bad.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Bill Kidd
This instrument concerns the early release from prison of prisoners who are liable or eligible to be removed from the United Kingdom. It would change the point at which such a prisoner could be removed from prison for that purpose, to align with the equivalent position on early release on licence.
The instrument would also create a new power for Scottish ministers to make subordinate legislation. It would be a power to change, by order, the minimum period of the sentence that a prisoner must serve before they can be removed in this way. The draft policy note states that Scottish ministers would intend to use the power, if granted, to change the minimum period from a quarter to 15 per cent of the sentence, to align with the equivalent rule for early release on licence.
The committee considers that the creation, by subordinate legislation, of a new power to make subordinate legislation is unusual, and generally undesirable, because Parliament is unable to scrutinise and amend the proposal in the way that it would be able to do, had it been proposed in a bill.
The committee also considers that using an ancillary power to create a new power to make subordinate legislation is particularly unusual, and the committee expects particular justification to be provided.
Does the committee wish to draw the present instrument to the attention of the Parliament on reporting ground (g), in that the conferral by regulation 2(2)(c) of a new power to make subordinate legislation appears to be an unusual and unexpected use of the enabling power?
Members indicated agreement.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Bill Kidd
Is the committee content with the instrument?
Members indicated agreement.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Bill Kidd
Is the committee content with the instrument?
Members indicated agreement.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 25 November 2025
Bill Kidd
Does the committee wish to welcome the fact that SSI 2025/347 fulfils the Scottish Government’s undertaking to revoke SSI 2025/288?
Members indicated agreement.
Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Bill Kidd
On the basis that you are all involved in the educational side of law, would it be useful to train students about such elements? Even if section 2(2) does not resolve everything, would it be useful to give them guidance on that and a general idea for where to look? That is going off at a tangent, but it might be interesting to know.
11:15Delegated Powers and Law Reform Committee [Draft]
Meeting date: 18 November 2025
Bill Kidd
There was a lot of nodding going on there, so thank you for that.