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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 20 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 7 January 2025

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 7 January 2025

Stuart McMillan

In relation to the draft International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2025, does the committee wish to welcome the fact that the instrument fulfils a commitment by the Scottish Government to correct an error in the International Organisations (Immunities and Privileges) (Scotland) Order 2009 that arose from a drafting error in the International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2024?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Stuart McMillan

Thank you.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Stuart McMillan

We have heard from the first parliamentary counsel, and in some other evidence that we have received, that it is considered that there was more use of Henry VIII powers and framework legislation throughout the Covid period and in the Brexit legislation and that, as a consequence, they have become more normalised. Do you think that there has been a change in the directions that drafters receive, or in drafting practices, that makes framework legislation more likely?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Stuart McMillan

Daniel, I am conscious of parliamentary time on this aspect as well, because we have other areas to go into. You have one final question.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Stuart McMillan

Thank you. I have another question before we move on to Bill Kidd.

Notwithstanding what has been discussed so far in this area and the various suggestions and proposals that could be considered, in some of the written evidence that we have received, there were other suggestions, including the provision of draft SSIs when a bill is produced. The Public Bodies (Joint Working) (Scotland) Act 2014 is an example of that approach. Consulting on delegated powers before publication has also been suggested, as well as carrying out more detailed scrutiny of SSIs before they are taken out of the draft context. There are other suggestions, too.

The point was raised a few moments ago that we should try to get to a point at which we have a framework—forgive the use of that word—for better or improved scrutiny. With all the various suggestions, would it be difficult to get into that space in the first instance? If the process was too onerous at the beginning, before anything is taken out of the draft context, could that just slow down any activity by the Government? We should bear in mind Dr Tickell’s point that this is a Parliament of minorities—the Welsh Senedd and the Northern Ireland Assembly are the same, but the House of Commons is different. The political context is clearly important, but is slowing down potential legislation, albeit for additional scrutiny, always the right thing to do? The point was raised about how much more Governments and politicians are being asked to look at today in contrast to, say, 40, 50, 60 or 70 years ago.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Stuart McMillan

Daniel Johnson has a supplementary, and then we will move on to Bill Kidd.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Stuart McMillan

I will take you first then, and then go to Bill Kidd.

10:15  

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Stuart McMillan

I will add to the example that Professor Reid provided. Before we broke for Christmas, the committee looked at the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill, in which there were also Henry VIII powers, and we agreed to what was proposed at that point. That highlights the range of Henry VIII powers when it comes to more technical and minor provisions, as well as the potentially more controversial aspects.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 7 January 2025

Stuart McMillan

I call Daniel Johnson.