Skip to main content

Language: English / Gàidhlig

Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

Criathragan Hide all filters

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 2 April 2025
Select which types of business to include


Select level of detail in results

Displaying 2013 contributions

|

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 1 April 2025

Stuart McMillan

The instrument sets out charges that are payable for services relating to the recognition of overseas qualifications. Under section 28(2) of the Interpretation and Legislative Reform Scotland Act 2010, instruments that are subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument breaches that requirement as it was laid on 13 March 2025 and came into force on the 28 March 2025.

As required under the act, the Scottish Government has set out the reasons for the breach in a letter to the Presiding Officer, which will be published in the committee’s report on subordinate legislation that is considered at today’s meeting. It explains that the instrument requires to come into force by 28 March to provide a statutory basis for Scottish customers to be charged on the start date of a new contract.

Does the committee wish to draw the instrument to the attention of the Parliament under reporting ground (j), for failure to comply with laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 1 April 2025

Stuart McMillan

In correspondence with the Scottish Government, which is published alongside the papers for this meeting, the committee asked about the timing of a planned section 93 order to be made under the Scotland Act 1998, in the context of the wider legal issues that sit behind the making of the instrument.

The Scottish Government stated that arrangements are in place for the section 93 order to be made shortly and that it is due to be considered at the Privy Council in May 2025. It is of the view that the present instrument provides the necessary legal basis for the charging of the fees in Scotland and that the retrospective validation of fees that is proposed in the United Kingdom Government’s Border Security, Asylum and Immigration Bill will need to attach only to fees that were charged for services that were provided in Scotland before the present instrument came into force.

Does the committee wish to highlight to the lead committee the unusual history and context of the instrument, including the correspondence regarding the proposed section 93 order?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 1 April 2025

Stuart McMillan

The Scottish Government has laid an amending instrument that the committee is also considering today, the Disclosure (Scotland) Act 2020 (Commencement No 5, Saving and Transitional Provision) Amendment (No 2) Regulations 2025. It inserts a coming into force date of 1 April 2025 for new regulations 13 to 15, which rectifies the error. Does the committee wish to welcome the fact that the Scottish Government has laid a corrective instrument, which will resolve the issue before the principal regulations come into force?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Minister for Parliamentary Business

Meeting date: 1 April 2025

Stuart McMillan

Thank you for that assurance, minister. You were sitting at the table this morning when we went through the other instruments and I am sure that you anticipated that there would be a question about them too. Notwithstanding the scrutiny that we have just undertaken on them, we are reporting another couple this morning. You are right that doing so is part of the scrutiny process that this committee undertakes, either when instruments are withdrawn to be relaid or when the issues with them are caught just before they are laid.

I am sure that I speak for colleagues when I say that we would be keen to understand what more the Scottish Government can undertake to do internally around the drafting of instruments so that there will be fewer such instances. That is not to say that there are many—there are not—but the fact is that another two instruments have been highlighted this morning. Can you indicate to the committee what additional measures you think the Government could look at to improve the output?

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 1 April 2025

Stuart McMillan

Also under this agenda item, no points have been raised on the following instruments.

Delegated Powers and Law Reform Committee [Draft]

Instrument subject to Affirmative Procedure

Meeting date: 1 April 2025

Stuart McMillan

Under item 2, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Minister for Parliamentary Business

Meeting date: 1 April 2025

Stuart McMillan

Thank you for that.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 1 April 2025

Stuart McMillan

No points have been raised with regard to the following instrument.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 1 April 2025

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments not subject to Parliamentary Procedure

Meeting date: 1 April 2025

Stuart McMillan

Under agenda item 4, we are considering 4 instruments.