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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 19 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

I am sure that you could. [Laughter.]

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

I welcome our second panel of witnesses. Michael Clancy is director of law reform at the Law Society of Scotland; Vicky Crichton is director of public policy at the Scottish Legal Complaints Commission and Kay Springham KC is from the Faculty of Advocates.

Before we start, I remind witnesses not to worry about the microphones because they will be switched on automatically, and do not feel that you have to answer every question. Simply indicate if a question is not for you—that is fine—and if you want to come in, please indicate to me or the clerks. We plan to allow approximately one hour for questions. Panel 1 overran a little.

I move directly to questions. I am conscious that the witnesses were sitting in the public gallery for the first evidence session, so you will have heard some of the first panel’s comments, and you will have seen the Official Report of last week’s meeting. Should a definition of framework legislation be agreed between the Scottish Government and the Scottish Parliament, and if so, why? How would a definition aid scrutiny? The first panel of witnesses discussed that a great deal. Could having a definition have any unintended consequences?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

I thank the witnesses for their contributions. If you would like to put more comments on the record, please do so in writing after today’s meeting.

12:20 Meeting continued in private until 12:38.  

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

Yes, if you would like to.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

That was helpful—thank you. Do you want to comment, Kay?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

From respondents who have sent us information, we have heard a range of views on whether there should be guidelines on when framework legislation can be introduced. What are your thoughts on the establishment of set criteria to govern when framework bills can be introduced?

Certainly, the submission from the NFU Scotland highlighted three points, which I will read out. It says:

“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.”

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 14 January 2025

Stuart McMillan

Welcome to the second meeting in 2025 of the Delegated Powers and Law Reform Committee. I remind everyone to switch to silent or turn off their mobile phones and other electronic devices.

The first item of business is to make a decision on taking business in private. Does the committee agree to take agenda items 5 and 6 in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 14 January 2025

Stuart McMillan

The committee will now consider an instrument that is subject to the affirmative procedure. No points have been raised on the draft instrument. Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument subject to Affirmative Procedure

Meeting date: 14 January 2025

Stuart McMillan

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

Members indicated agreement.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

We move to agenda item 4, which is an evidence session for the committee’s inquiry into framework legislation and Henry VIII powers. I welcome our first panel of witnesses. Rosemary Agnew is the Scottish Public Services Ombudsman, Lloyd Austin is the convener of Scottish Environment LINK, Jonnie Hall is the deputy chief executive officer and director of policy at the NFU Scotland, and Adam Stachura is the associate director for policy communications and external affairs at Age Scotland.

Do not worry about turning on the microphones, because that will happen automatically. If you would like to answer a question, please raise your hand or indicate to the clerks. There is no need to answer every question, but please feel free to provide a written follow-up to any question after the meeting. We plan to spend approximately one hour on questions before we move on to our second panel of witnesses.

In your written submissions, you have all expressed your views on when framework bills are appropriate and when they are less appropriate. Are there particular policy areas for which framework legislation might be more appropriate? If so, why? If not, why not?