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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 10 March 2025
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Displaying 1950 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 October 2021

Stuart McMillan

Again, the instrument breaches the 28-day rule, as it was laid on 28 September and came into force on 1 October.

In the Scottish Government’s letter to the Presiding Officer outlining its reasons for bringing the instrument into force so quickly, it wrote that this was due to a late announcement by the United Kingdom Government to revise the timetable for the introduction of all remaining border operating model checks that were due to commence on 1 October. Accordingly, the Scottish Government stated that, in order to avoid disruption to imports into Scotland, it was not able to comply with the 28-day rule.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), as it has been laid less than 28 days before coming into force?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 26 October 2021

Stuart McMillan

I am content with the suggestion. It is the right thing to do. Clearly, you are correct that it is a policy matter. Are members content with that suggestion?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 26 October 2021

Stuart McMillan

Under agenda item 7, we are considering four instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 26 October 2021

Stuart McMillan

The instrument commences section 7 of the Social Security Administration and Tribunal Membership (Scotland) Act 2020. Section 8 of the 2020 act makes transitional provision in consequence of section 7 and should be brought into force at the same time. However, the instrument does not bring section 8 into force.

Following a question from the committee, the Scottish Government acknowledged in its response, which can be read in full in meeting paper 3, that that was an oversight. The Government thanked the committee for bringing that to its attention and said that it would introduce further regulations to commence section 8. That has now been done by SSI 2021/352, which is also being considered today.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), on the basis that its drafting appears to be defective?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 26 October 2021

Stuart McMillan

No points have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 26 October 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

10:13 Meeting continued in private until 10:21.  

Delegated Powers and Law Reform Committee

Interests

Meeting date: 26 October 2021

Stuart McMillan

Welcome to the Delegated Powers and Law Reform Committee’s eighth meeting in session 6.

We have received apologies from Craig Hoy and Paul Sweeney. I welcome Maurice Golden as a substitute member for the Scottish Conservative and Unionist Party. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent.

The first item on our agenda is a declaration of interests. In accordance with section 3 of the code of conduct, I invite Maurice Golden to declare any interests that are relevant to the committee’s remit.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 26 October 2021

Stuart McMillan

The second item of business is to decide whether to take item 8 in private. Is the committee content to take that item in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 26 October 2021

Stuart McMillan

Thank you, and welcome to the committee, Maurice.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 26 October 2021

Stuart McMillan

I agree that it is right to contact the lead committee about that, so I am happy with that suggestion. Is the committee content with that?

Members indicated agreement.