Seòmar agus comataidhean

Under agenda item 4, we are considering an instrument on which no points have been raised.

With that, I move the meeting into private session.

Good morning, and welcome to the 10th 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 6, 7 and 8 in private. Is the committee content to take those items in private?

Members indicated agreement.

Thank you very much for that.

Although the committee does not report the vast majority of Scottish statutory instruments under any reporting ground, we continue to regularly identify drafting issues. What are you doing to ensure that the quality of SSIs remains high?

That is helpful.

Rachel Rayner mentioned the check by the lawyer who has not been involved in the process. Would that be a different lawyer, depending on their specialism and the SSI?

Does that lawyer need to be a specialist in the particular subject area?

Is there a high turnover of staff in the legal directorate, or does it have a fairly stable set of staff?

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

Is the committee content with the instrument?

Members indicated agreement.

Since September 2023, the committee has reported four instruments under reporting grounds that it considers to be more serious. One was under ground (e), which is

“there appears to be a doubt whether it is intra vires”,

and three were under ground (i), which is

“drafting appears to be defective”.

Are you concerned about that trend, minister, and have you taken any specific action in response?