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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 21 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: 26 September 2023

Stuart McMillan

Minister, you will be aware that I have, in the past, raised the issue of section 104 orders. I raised it at a Conveners Group meeting and with the First Minister. We are well aware of the situation regarding the Moveable Transactions (Scotland) Bill and the Trusts and Succession (Scotland) Bill, which has its stage 1 debate on Thursday. Will you set out to the committee the current processes between the Scottish and UK Governments for obtaining and implementing a section 104 order?

10:30  

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Stuart McMillan

Is that the instrument that Mr Walker was talking about earlier?

Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 26 September 2023

Stuart McMillan

Welcome to the 26th meeting in 2023 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch their mobile phones to silent.

The first item of business is to decide whether to take items 6 to 9 in private.??Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Stuart McMillan

Under agenda item 2, we will take evidence from the Minister for Parliamentary Business, George Adam MSP. This is one of our regular sessions with the minister on the work of the Scottish Government that is relevant to the committee. The minister is accompanied by three Scottish Government officials: Steven MacGregor, head of the Parliament and legislation unit; Rachel Rayner, deputy legislation co-ordinator in the legal directorate; and Greig Walker, retained EU law act management lead.

I welcome you all to the meeting and remind you not to worry about turning on your microphones, because that will be done by broadcasting.

I invite?the minister to make some opening remarks.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 26 September 2023

Stuart McMillan

Under agenda item 3, we are considering six instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 26 September 2023

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: 26 September 2023

Stuart McMillan

Under agenda item 4, we are considering three instruments, on which ??no points have been raised.

Delegated Powers and Law Reform Committee

Instrument not subject to Parliamentary Procedure

Meeting date: 26 September 2023

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Stuart McMillan

Perhaps a protocol is not the right avenue to go down, but even guidelines of some type might help to speed the process up. From memory, I think that it was put to the committee that it can potentially take well over a year—perhaps a year and a half—for a section 104 order to be dealt with. That does not have a negative impact on practitioners as such, but it is still the case that older legislation is used for specific elements, rather than the new legislation that people very much welcome.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 26 September 2023

Stuart McMillan

Thank you very much, minister. Nice try.

You will be aware that the committee does a very good job—I say that on behalf of all colleagues—with regard to scrutiny of Scottish statutory instruments. The Scottish Government has certainly improved the quality of the drafting of SSIs. As you are aware, we do not identify many issues with them. It is clear that a lot of hard work has been undertaken there. However, we still find some errors in the drafting of SSIs. What work are you and your colleagues doing to ensure that drafting errors are reduced?