Seòmar agus comataidhean

Is the committee content with the instruments?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

Agenda item 4 is consideration of affirmative instruments.

Is the committee content with the draft regulations?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

I hand over to Paul Sweeney.

Welcome to the 14th meeting in session 6 of the Delegated Powers and Law Reform Committee. The meeting is taking place virtually, following the guidance that the Presiding Officer issued last week to limit the number of people attending Holyrood and was agreed by the Scottish Parliamentary Corporate Body and the Parliamentary Bureau. The intention is to help the Parliament play its part in limiting transmission of the virus.

The first item of business is to decide whether to take items 7, 8, 9 and 10 in private. Is the committee content to take those items in private?

Members indicated agreement.

Item 2 is an evidence session for the committee’s inquiry into use of the made affirmative procedure during the coronavirus pandemic. This is the second of two evidence sessions planned for this month, before the committee hears from the Scottish Government in January.

I welcome to the meeting Professor Stephen Tierney, who is professor of constitutional theory at the University of Edinburgh’s school of law, and Sir Jonathan Jones QC, who is a former permanent secretary of the United Kingdom Government Legal Department and is now at Linklaters LLP. We are grateful that you are both able to attend virtually. I remind all attendees not to worry about turning on their microphones during the meeting, as they are controlled by our broadcasting staff.

I will start the questioning. Before we move to specific questions on the use of the made affirmative procedure, do the witnesses have any initial observations on the use of the procedure during the pandemic?

Thank you. I will bring in Craig Hoy.

Graham Simpson wishes to ask a supplementary question.

Okay. Sir Jonathan—[Interruption.]

Sorry, Professor Tierney—I think that you are still talking, but no sound is coming through. Are you finished?

Can you repeat your question, please?