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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

Decision on Taking Business in Private

Meeting date: 14 May 2024

Stuart McMillan

Welcome to the 16th meeting in 2024 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off, or put to silent, their mobile phones and other electronic devices.

The first item of business is to decide whether to take items 4 to 8 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 14 May 2024

Stuart McMillan

The instrument amends the eligibility criteria for carer support payment, which is a form of assistance for people who provide regular and substantial care to someone who is in receipt of a qualifying disability benefit.

In correspondence with the Scottish Government, which is published alongside the papers for this meeting, the committee queried whether the instrument delivers the policy intention in relation to when a carer is in legal detention for a period, which is that that can still qualify as a “temporary break in care”. The Scottish Government responded that it considers that the regulations are in line with the intended policy and as such, does not plan any corrective action.

The committee considers that the drafting could have the result that, where a carer is in legal detention for a period, that period qualifies as a temporary break in care only if all of the circumstances that are set out in regulation 40(1)(b) of the principal regulations—SSI 2023/302—also apply; that is, that the carer or the cared-for person was an in-patient.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), that the meaning could be clearer, in that the instrument could be clearer in that regard?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 14 May 2024

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: 14 May 2024

Stuart McMillan

That concludes the public part of the meeting, and I will move the committee into private.

10:08 Meeting continued in private until 11:17.  

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 14 May 2024

Stuart McMillan

Under agenda item 2, we are considering five instruments. An issue has been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 14 May 2024

Stuart McMillan

Does the committee wish to invite the Scottish Government to reconsider whether any action to address the point would be appropriate?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 14 May 2024

Stuart McMillan

Also under this agenda item, no points have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 14 May 2024

Stuart McMillan

Under agenda item 3, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 14 May 2024

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 7 May 2024

Stuart McMillan

Welcome to the 15th meeting in 2024 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off or put on silent their mobile phones and other electronic devices.

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

Members indicated agreement.