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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 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 call Dr Fox.

I think that there is an issue with the sound.

Delegated Powers and Law Reform Committee

Made Affirmative Procedure Inquiry

Meeting date: 7 December 2021

Stuart McMillan

You touched on the final point that I want to explore, which concerns the consistency of the instruments that are brought forward. With every piece of legislation that comes forward, some individuals will criticise it no matter what it says, while others will look at it from a different perspective.

With regard to the made affirmative instruments that have been brought forward, do you have any thoughts or considerations as to how they have been drafted? Do you have any opinion as to whether any of the instruments has not been drafted well, and whether that has created a situation in which the law may be difficult to understand? Alternatively, do you believe that the majority, if not all, of the instruments are easily read and understood?

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 30 November 2021

Stuart McMillan

The committee’s next meeting will take place on Tuesday 7 December.

Meeting closed at 10:26.  

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 30 November 2021

Stuart McMillan

Thank you, colleagues.

There are a couple of points. First, on the drafting of the instrument, as has been discussed, it is not considered to be technically deficient—that is the advice that we have received from our legal team. Taking that into account, is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 30 November 2021

Stuart McMillan

Under agenda item 2, we are considering instruments subject to the negative procedure. No points have been raised on the following Scottish statutory instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 30 November 2021

Stuart McMillan

Also, does the committee wish to welcome the fact that SSI 2021/424 rectifies errors in the Public Procurement (Agreement on Government Procurement) (Thresholds etc) (Amendment) (Scotland) Regulations 2021 that were highlighted by the committee at its meeting on 16 November?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 30 November 2021

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 30 November 2021

Stuart McMillan

On the other issues that colleagues have raised, it would be sensible to write to the COVID-19 Recovery Committee to raise those points. As I said, we reserve the right to bring the instrument back to the committee next week if that is required. Is the committee content with that approach?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 30 November 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 30 November 2021

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.