Seòmar agus comataidhean

Is the committee content with the instrument?

Members indicated agreement.

Welcome to the Delegated Powers and Law Reform Committee’s 11th meeting in 2022. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent mode.

The first item of business is to decide whether to take items 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

The Public Service Pensions Act 2013 introduced reforms to public service pension schemes, including those in the devolved nations. Transitional protections were provided for some scheme members, which were found in the court of appeal to be discriminatory against younger members. The Public Service Pensions and Judicial Offices Act 2022 was passed, containing the provision that was necessary to remedy the discrimination that was caused by the transitional protections. The 2022 act received royal assent on 10 March 2022.

The instruments close the existing legacy pension schemes, except for limited purposes, to the accrual of pension benefits on and after 1 April 2022. Members who are treated as being in pensionable service under the existing pension schemes will, on that date, begin accruing benefits in the relevant scheme established by existing regulations.

In correspondence with the Presiding Officer, the Scottish Government explained that the regulations are a consequence of the 2022 act and are required to come into force immediately to ensure legal certainty and fairness. If there is a delay, there will be a period in which certain members can no longer accrue pension in the legacy scheme, but scheme rules would prevent those members from joining the new scheme.

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

Members indicated agreement.

The fifth instrument for which there has been a failure to lay in accordance with the requirements under section 28(2) of the 2010 act is the following.

Is the committee content with the instruments?

Members indicated agreement.

Under agenda item 4, we are considering an instrument that is not subject to any parliamentary procedure, on which no points have been raised.

Under agenda item 2, we are considering an instrument that has been laid under the European Union (Withdrawal) Act 2018. The committee is considering whether the appropriate scrutiny procedure and the appropriate categorisation have been applied to the following instrument.

Under agenda item 3, we are considering seven instruments that are subject to the negative procedure.

Issues have been raised in relation to five of the instruments for failure to lay them in accordance with the requirements under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The 2010 act requires that instruments that are subject to the negative procedure be laid at least 28 days before they come into force, not counting recess periods of more than four days.

The following four instruments that are in breach of the 28-day rule are laid under the Public Service Pensions Act 2013.

The instrument relates to orders to preserve evidence. When the United Kingdom was a member of the EU, an EU Council framework decision established the rules under which EU member states would recognise and execute in their territory a freezing order issued by a judicial authority of another member state in the context of criminal proceedings.

The instrument has been laid under the negative procedure and is considered by the Scottish Government to be of low significance.

Is the committee content that the appropriate scrutiny procedure and categorisation have been applied to this instrument?

Members indicated agreement.

Under agenda item 2, we are considering five instruments subject to the affirmative procedure. There was a late change to our agenda due to the following Scottish statutory instrument being laid by the Scottish Government yesterday.