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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 12 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: 20 February 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: 20 February 2024

Stuart McMillan

Under agenda item 3, we are considering five instruments. Issues have been raised on two of the instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 February 2024

Stuart McMillan

That would be an issue for the lead committee. We report to the Parliament and the lead committee, which could then take that forward.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 February 2024

Stuart McMillan

In relation to SSI 2024/35, does the committee welcome that the instrument fulfils an earlier commitment by the Scottish Government to amend schedule 4 to the Council Tax Reduction (Scotland) Regulations 2021 to insert a new part and section heading?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 20 February 2024

Stuart McMillan

With that, I will move the committee into private.

12:02 Meeting continued in private until 12:09.  

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 20 February 2024

Stuart McMillan

Welcome to the sixth meeting in 2024 of the Delegated Powers and Law Reform Committee. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices. I welcome Christine Grahame, who is attending for the public part of the meeting.

The first item of business is to decide whether to take items 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 February 2024

Stuart McMillan

Does the committee wish to invite the Scottish Government to consider correcting that issue along with the issue with the dates, and to highlight to the lead committee the Scottish Government’s response regarding the deadline?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 February 2024

Stuart McMillan

The committee has received a considerable level of correspondence in relation to this instrument, which designates the XL bully as a dog type that is bred for fighting and is subject to controls and safeguards under the Dangerous Dogs Act 1991.

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 31 January 2024 and comes into force on Friday 23 February 2024.

In correspondence with the Presiding Officer, which has been copied to the committee and will be published in the committee’s report on the subordinate legislation that has been considered at today’s meeting, the Scottish Government stated that it did not meet the laying requirements because it considered it necessary to act

“with urgency to address growing public safety and animal welfare concerns”,

following reports of some owners coming to Scotland to sell their XL bully dogs after changes to the law in relation to these dogs in England and Wales. The Government stated:

“by introducing the same safeguards as operate in England and Wales, this removes the loophole created by the UK Government in relation to English and Welsh XL Bully dog owners who come to Scotland.”

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, as it was not laid 28 counting days before it comes into force?

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 February 2024

Stuart McMillan

I think that we all recognise that there has been a delay, but we would also recognise that the Scottish Government indicated that it wanted to consult organisations and individuals in Scotland. It is safe to say that part of the delay, at least, would be because of that consultation process. We know that there was no dialogue with the Scottish Government prior to the regulations in England and Wales being introduced.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 20 February 2024

Stuart McMillan

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