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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 4 April 2025
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Displaying 2013 contributions

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Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Stuart McMillan

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?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Stuart McMillan

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?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 19 March 2024

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 19 March 2024

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Stuart McMillan

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?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Stuart McMillan

Okay. We will move on.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Stuart McMillan

Regarding the longest-outstanding issue, would you find it helpful if the committee were to write to the Scotland Office about the fact that that document has now been sent to it? We have had engagement with that office in the past.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Stuart McMillan

As colleagues have no other questions, I thank the minister and his officials for their evidence. The committee might follow up later with any additional questions stemming from the session.

10:49 Meeting suspended.  

10:50 On resuming—