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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 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 29 October 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: 29 October 2024

Stuart McMillan

Under agenda item 5, we are considering one instrument, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 29 October 2024

Stuart McMillan

In relation to the draft Greenhouse Gas Emissions Trading Scheme (Amendment) (No 2) Order 2024, does the committee wish to note that the original draft of the instrument was withdrawn and the present version relaid to correct an error, following a question that the committee raised with the Scottish Government?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 29 October 2024

Stuart McMillan

Under agenda item 4, we are considering five instruments. An issue has been raised on one of the instruments.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 29 October 2024

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 29 October 2024

Stuart McMillan

Welcome to the 29th meeting in 2024 of the Delegated Powers and Law Reform Committee. We have received apologies from Bill Kidd MSP. In his place, I welcome Rona Mackay MSP. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices.

The first item of business is a declaration of interests. In accordance with section 3 of the code of conduct, I invite Roz McCall MSP to declare any interests that are relevant to the remit of the committee.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 29 October 2024

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 29 October 2024

Stuart McMillan

The instrument changes the certificates that are required before a funeral, burial or cremation can lawfully take place in Scotland of a person who died in England, Wales or Northern Ireland.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments that are subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument breaches that requirement, as it was laid on 15 October 2024 and came into force on 16 October 2024.

In correspondence with the Presiding Officer, the Scottish Government stated that the breach had occurred in order to resolve the issue that some families have been unable to arrange burial or cremation in Scotland where a loved one has died elsewhere in the United Kingdom due to the required certificate not being available until a coroner’s investigation is complete, notwithstanding that the coroner is content to release the body. In one known case, that is expected to take at least a year.

As such, the Scottish Government considers that it is necessary and reasonable to breach the 28-day rule to ensure that the amendments are made immediately to avoid prolonging the distress of grieving families.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 29 October 2024

Stuart McMillan

That concludes the public part of the meeting.

09:35 Meeting continued in private until 11:24.  

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 29 October 2024

Stuart McMillan

The second item of business is to decide whether to take items 6, 7, 8, 9, 10 and 11 in private. Is the committee content to take those items in private?

Members indicated agreement.