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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 15 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 28 January 2025

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Stuart McMillan

Under agenda item 4, we are taking evidence on the committee’s inquiry into framework legislation and Henry VIII powers.

We are joined by Jamie Hepburn MSP, the Minister for Parliamentary Business. The minister is accompanied by three Scottish Government officials: Alison Coull, deputy director of the Scottish Government legal directorate, rural affairs division; Fraser Gough, from the parliamentary counsel office; and Steven MacGregor, head of the Parliament and legislation unit. I welcome all the witnesses to the meeting. Do not press the buttons on your microphones—that will be done for you when you are going to speak. I offer the minister the opportunity to give some opening remarks before we start the questioning.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Stuart McMillan

Before I pass on to Bill Kidd, does the minister see a difference between consultation and the co-design of bills?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Stuart McMillan

I have a final question before I open up the discussion to colleagues for final questions. I had to leave earlier, so I did not get the chance to ask this question at that point.

On the definition or label of “framework”, there was a helpful suggestion in the evidence from NFU Scotland, which considered that three criteria should be used to define framework legislation. I read them out in the committee two weeks ago and, for consistency, I will do so again:

“1) There is a need to deliver flexibility and adaptivity to mitigate possible future challenges.

2) Extensive work is undertaken with relevant stakeholders before and during the parliamentary process.

3) A clear indication of the overall required outcomes is set out by the Scottish Government.”

Do you think that NFU Scotland’s suggestions are helpful in relation to considering a definition of, or setting criteria or parameters for what is termed as, “framework” legislation?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Stuart McMillan

Thank you, minister. I suspend the meeting briefly to allow Bill Kidd to take the chair.

10:12 Meeting suspended.  

10:12 On resuming—  

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 28 January 2025

Stuart McMillan

Does the committee wish to note that the original draft of the instrument was withdrawn, and the present version relaid, following questions that the committee raised with the Scottish Government?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 28 January 2025

Stuart McMillan

Under agenda item 3, we are considering an instrument subject to the negative procedure, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument subject to Negative Procedure

Meeting date: 28 January 2025

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Stuart McMillan

Before I hand over to Katy Clark, Jeremy Balfour has a supplementary question.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 28 January 2025

Stuart McMillan

I will go back to the point on sunsetting. There are occasions when Governments remove legislation that has been on the statute book for decades—sometimes centuries—and is clearly no longer being utilised, in order to clear the statute book. Would the Scottish Government consider doing that with unused Henry VIII powers?