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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

Under agenda item 2, we are considering three instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 February 2024

Stuart McMillan

The instrument amends the Firemen’s Pension Scheme Order 1992 and the Firefighters’ Pension Scheme (Scotland) Order 2007 to extend the period during which persons who were employed in Scotland as retained firefighters have access to a pension scheme.

At rule 1C(3), the order states:

“where the deceased was not married, or a member of a civil partnership, at the time of the deceased’s death ... a child of the deceased may apply in writing to the authority for a death grant and any such application must be made on or before 30 September 2024.”

Elsewhere in the order, the date 31 March 2025 is given for similar eligibility for civil partners and spouses.

In correspondence with the Scottish Government, which has been published alongside the papers for the meeting, the committee queried that issue, and the Scottish Government confirmed that it is an error and is regretted. The Scottish Government proposes to correct that

“in the next amending instrument”.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), in that the drafting appears to be defective, on the basis that the date specified in new rule 1C(3), which is inserted by article 4 of the instrument, is incorrect?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 February 2024

Stuart McMillan

While acknowledging that the Scottish Government proposes to amend the instrument to correct the error at the next opportunity—with retrospective effect if necessary—does the committee wish to call on the Government to fix the error sooner rather than waiting until the next amending instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 February 2024

Stuart McMillan

Also in relation to this instrument, the committee queried what would happen if an eligible spouse, civil partner or child of a firefighter who died close to or on 31 March 2025 did not make their application before that date.

The Scottish Government confirmed that it is the intention that 31 March 2025 is specified as the deadline for applications, but it is also the intention that eligible spouses, civil partners or children will be entitled to the grant if they miss the deadline. However, late applications are not provided for by the order as amended.

Does the committee wish to report the instrument on the general reporting ground, in that the Scottish Government’s answer suggests that late applications will be allowed but no provision for that is made in the order?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 February 2024

Stuart McMillan

We can bring it to the attention of the Parliament—we would report it to the Parliament.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 February 2024

Stuart McMillan

In correspondence with the Scottish Government, which has been published alongside the papers for the meeting, the committee also questioned whether the instrument is sufficiently clear in identifying what an XL bully type of dog is. Does the committee wish to draw the attention of the lead committee to our correspondence with the Scottish Government, as that provides further information on definitions for XL bully dogs?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 February 2024

Stuart McMillan

Also under this agenda item, no points have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 20 February 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: 20 February 2024

Stuart McMillan

Is the committee content with the instrument?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Interests

Meeting date: 6 February 2024

Stuart McMillan

Thank you. I welcome Foysol to the committee.

Before we move to the next item on the agenda, I take this opportunity, on behalf of the committee, to thank Colin Smyth MSP for his work and contribution to the committee over the past months. I wish him well for the future.