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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 5 July 2025
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Displaying 2221 contributions

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Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 22 February 2022

Stuart McMillan

Welcome to the Delegated Powers and Law Reform Committee’s sixth meeting in 2022. We have received apologies from Graham Simpson, and I welcome back Maurice Golden as a committee substitute. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent.

The first item of business is a decision on whether to take items 6 and 7 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 22 February 2022

Stuart McMillan

The instrument extends the expiry date of various provisions of the Coronavirus Act 2020 that apply in Scotland, from 24 March 2022 to 24 September 2022. In correspondence with the Scottish Government, the committee asked two questions related to the instrument. First, clarification was sought on the statement in the accompanying policy note that only the made affirmative procedure was available for the instrument. Secondly, the committee sought clarification on the extension of the expiry, by regulation 2(a) of the instrument, of section 18(2) of the 2020 act and part 2 of schedule 13 to the act.

In response, the Scottish Government first confirmed that section 95(5) of the Coronavirus Act 2020 gives a choice between the affirmative and made affirmative procedures.

Secondly, the Scottish Government acknowledged that regulation 2(a), read on its own, implies that the transitional provisions in paragraphs 15 and 16 of schedule 13, and section 18(2) and paragraph 10 of that schedule so far as it relates to paragraphs 15 and 16, are also extended to 24 September 2022. However, the lead-in text to regulation 2 makes clear explicitly that the instrument, and so regulation 2(a), extends the relevant provisions only

“when they would otherwise expire by virtue of section 89 of the Act”.

The Scottish Government thanked the committee for drawing this matter to its attention. It has since laid an amended policy note to clarify that a choice of procedure is available and to add an explanation of the combined effect of regulation 2(a) of the instrument and section 89(2)(s) of the Coronavirus Act 2020.

Do members have any comments on the instrument?

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 22 February 2022

Stuart McMillan

No problem.

As there are no other comments, and notwithstanding the vote that we just had and the points that Mr Hoy has just made, is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 22 February 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 22 February 2022

Stuart McMillan

We are going to contact the DFM, so we can highlight that particular instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 22 February 2022

Stuart McMillan

We have a short space of time available, so I would be content for the committee to write as suggested, and then we can take the matter from there. Is that okay with everyone?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 8 February 2022

Stuart McMillan

Under agenda item 2, we are considering seven draft instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

Under agenda item 3, we are considering five instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

The Sea Fish (Conservation) Act 1967 allows the Scottish ministers to prohibit, by order, sea fishing in specified waters. The instrument reduces the size of the cod spawning closure areas in which fishing by any method is prohibited, within two areas of the Firth of Clyde, which are mapped in the schedule to the instrument. The aim is to protect cod in the Firth of Clyde from fishing mortality during the spawning period in a recognised spawning ground. The prohibition applies to British fishing boats from 14 February until 30 April during 2022 and 2023.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure are required to be laid at least 28 days before they come into force, not counting recess periods of more than four days. In correspondence with the Presiding Officer, the Scottish Government explained that it has recently reconsidered and reduced the extent of the areas for closure. As the cod closure begins on 14 February, it is necessary for the amendments to come into force on 12 February, which breaches the 28-day rule.

If members have no comments, does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in relation to its failure to lay the instrument in accordance with laying requirements under the 2010 act?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

I believe that Mr Sweeney would like to comment on SSI 2022/26.