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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 23 December 2024
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Displaying 1726 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 8 March 2022

Stuart McMillan

We cannot recall the instrument being in the papers before. This is the first time.

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 8 March 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Stuart McMillan

Do colleagues have any final questions before we move on?

As no one has indicated that they have further questions, I thank the Deputy First Minister and Cabinet Secretary for Covid Recovery and his officials for appearing in front of the committee.

I suspend the meeting briefly to allow the cabinet secretary and his officials to leave the table.

12:27 Meeting suspended.  

12:27 On resuming—  

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 8 March 2022

Stuart McMillan

Under agenda item 4, we are considering six instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 8 March 2022

Stuart McMillan

Under agenda item 5, we are considering two instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 8 March 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

12:28 Meeting continued in private until 13:14.  

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Stuart McMillan

The reasoning behind why you limited the delegated power on the release of prisoners to being only for Covid.

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Stuart McMillan

While recognising that any primary legislation would likely have to be expedited, that could provide greater options for parliamentary scrutiny while also taking into account the specific nature of the current situation. Can you set out how you decided to include delegated powers in the bill, rather than introduce primary legislation at the point of necessity?

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Stuart McMillan

Under agenda item 2, we will take evidence from the Deputy First Minister and Cabinet Secretary for Covid Recovery, John Swinney MSP, on the Coronavirus (Recovery and Reform) (Scotland) Bill at stage 1.

Mr Swinney is accompanied by a number of officials. In the room are Steven Macgregor, head of the parliament and legislation unit, and Rachel Rayner, deputy legislation co-ordinator in the Scottish Government legal directorate. Joining us online are three policy leads on the bill: Clare Morley, Craig Robertson and Erin McCreadie. I welcome you all to the meeting.

I invite the Deputy First Minister to make some opening remarks.

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Stuart McMillan

The fifth delegated power, at paragraph 24(1) of the schedule to the bill, is the power to release a person early from a prison or young offenders institution. It is related only to Covid, as you indicated, whereas the other four powers are to be permanent. Can you explain the reasoning behind that?