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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.  

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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 21 December 2024
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Displaying 1726 contributions

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Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

I thank Morag Ross QC and Dr Ruth Fox very much for their helpful evidence. The committee extends its appreciation to you both. If the committee has any additional questions, we will write to you.

11:26 Meeting suspended.  

11:28 On resuming—  

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

We move to questions from Paul Sweeney.

Your microphone is on mute, Paul.

Delegated Powers and Law Reform Committee

Instrument Not Subject to Parliamentary Procedure

Meeting date: 7 December 2021

Stuart McMillan

Is the committee content with the regulations?

Members indicated agreement.

11:34 Meeting continued in private until 11:51.  

Delegated Powers and Law Reform Committee

European Union (Withdrawal) Act 2018: Instrument Procedure and Category

Meeting date: 7 December 2021

Stuart McMillan

Under item 3, we will consider 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 category have been applied to the following instrument.

Delegated Powers and Law Reform Committee

European Union (Withdrawal) Act 2018: Instrument Procedure and Category

Meeting date: 7 December 2021

Stuart McMillan

The instrument was laid under the negative procedure and the Scottish Government considers it to be of low significance. Is the committee content that the appropriate scrutiny procedure has been applied?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments Subject to Negative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Finally, does the committee wish to welcome the fact that the Scottish Government laid the instrument timeously to rectify an error that was identified by the committee at its meeting on 23 November?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments Subject to Negative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Also under this item are three more negative instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument Not Subject to Parliamentary Procedure

Meeting date: 7 December 2021

Stuart McMillan

Item 7 is consideration of an instrument not subject to parliamentary procedure and on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments Subject to Negative Procedure

Meeting date: 7 December 2021

Stuart McMillan

Is the committee content with the explanation provided by the Scottish Government for breach of the requirement in section 28(2) of the 2010 act?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

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 first of two evidence sessions that are planned for this month, before the committee takes evidence from the Scottish Government in January.

I welcome to the meeting Dr Ruth Fox from the Hansard Society, who is appearing remotely from London, and Morag Ross QC from the Faculty of Advocates, who is joining us in the committee room. We are very grateful that both of you are able to attend the meeting.

I will start the questioning. I would be grateful to get an understanding of your general views on the made affirmative procedure. For example, what are your observations on the frequency of use of the procedure during the coronavirus pandemic compared with its use pre-pandemic?