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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 6 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

As we have already touched on, the bill sets the date by which retained EU law will be automatically removed from the statute book—Dr Tucker just spoke about the cliff edge. What is your understanding of the number of pieces of legislation that will potentially be affected? Do you have any further comment to make on that? We and other committees have heard various figures bandied about—perhaps 2,400 pieces of legislation, potentially another 1,400 and then, potentially, others. We have also picked up on a figure of 5,000 that was used at one point. Do you have any clarity on how many pieces of legislation should be included in the figure?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

Does Morag Ross want to come in?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

Sir Jonathan Jones, do you want to come in?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

To come on to that particular point, and others that were raised earlier, irrespective of what the figure for pieces of legislation might be, we know that it will be in the thousands. Does the Parliaments’ capacity to scrutinise relate to officials’ ability to engage with each piece of law before a decision is taken on whether it should be extended? That question is probably more for Sir Jonathan Jones, given his experience.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

My final question is on the negative procedure, which has been touched on. Regulations to preserve REUL are subject to the negative procedure whether they are made by the UK Parliament or the Scottish Parliament. Is the negative procedure appropriate for regulations that preserve REUL?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

Jonathan Jones or Dr Tucker, do either of you have a view on that?

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

Dr Tucker wants to come in.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

You have just touched on our next area of discussion, which is about consultation with and consent by the Scottish ministers and the Scottish Parliament. That has come up at meetings of the lead committee, but for quite some time it has also regularly come up as an area of concern or frustration for Scotland as regards the UK Parliament. The bill allows the UK ministers to use the power to preserve REUL in devolved areas without the consent of, or without consulting, the Scottish ministers or the Scottish Parliament. Do the witnesses have any comments about what that will mean for dialogue and respecting devolution?

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 13 December 2022

Stuart McMillan

Welcome to the 33rd meeting of 2022 of the Delegated Powers and Law Reform Committee. We have received apologies from Jeremy Balfour. I remind everyone to switch their mobile phones to silent.

Agenda item 1 is a decision on taking business in private. Does the committee agree to take items 5 and 6 in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 13 December 2022

Stuart McMillan

Given the comments that he has already made, the next question is probably more for Dr Tucker, but the other two witnesses are welcome to respond, too.

Could you give us your reflections on the extent to which Parliament, as opposed to ministers, will be able to influence what the statute book will look like as a result of the bill?