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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 4 May 2021
  6. Current session: 13 May 2021 to 11 December 2025
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Displaying 2389 contributions

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Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

It is helpful, and it is very thought provoking. Thank you, Michael.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

We heard last week about the spectrum. It is fair to say that it would be difficult to get to an exact definition of framework or skeletal legislation. However, we heard last week and this morning about a potential set of criteria for considering framework or skeletal legislation.

I read out the three points that NFU Scotland made in its submission earlier and I will read them out again for the witnesses to hear:

“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.”

Would those three points aid any definition of or assistance with what people consider to be framework legislation and the scrutiny of said legislation? I will start with Vicky Crichton.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

Thank you very much. I call Roz McCall.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

I call Jeremy Balfour.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

Daniel Johnson has a supplementary question before I bring in Roz McCall.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Stuart McMillan

That takes us nicely to the next question regarding definitions. Last week, the committee heard evidence on whether there should be a definition of framework legislation, and it came across very clearly that that that would be difficult, because such legislation is a spectrum rather than something that is set hard and fast. That has helped to shape what the evidence sessions going forward will be. We also considered whether framework bills should be labelled as such when they are introduced in Parliament. Would labelling bills as framework bills be useful for stakeholders and help to improve scrutiny? If so, why?

I will start with you, Adam, since you went into this debate first.

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.