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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 749 contributions

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Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

It was more broadly about whether there is more than one way to skin a cat. We are using secondary legislation to update things, but are there other ways of doing that?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

I am smiling, because that is what the Government likes to say. However, when you look you will see that most weeks we are not legislating. In fact, if we were to have a stage 3 once a month, we would say that that was quite frequent. I think that the Parliament has scope to do more legislating, if it wanted to. In theory, it is an interesting point, but the situation is not the same in the Scottish Parliament as it is at Westminster.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

It must be bad, then.

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

Ms Crichton, did you want to comment?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

My substantive line of questioning, which was on practical suggestions that you might have, has, I think, largely been dealt with by others, certainly with regard to amending and other such matters. However, I was interested in the Law Society’s evidence, which makes a number of recommendations on framework legislation, including on provision of enhanced supplementary material, enhanced consultation and the possibility of legislation being amended.

In that respect, I have two questions. First, are you suggesting, essentially, that we should have a different process for framework bills in order to cover those things? I also noticed that the submission suggested—as you have, Michael—that draft regulations could be put alongside such bills to give greater clarity.

Is that about having a different process for framework legislation? If so, should that process also apply to secondary powers, such as those that might not be in full-blown framework legislation, but which have some of those characteristics? Is the implication that there should be some sort of sifting mechanism to decide when such a process should be employed?

12:15  

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

You are such an optimist—it is heartening. [Laughter.]

Ms Springham and Ms Crichton, do you have thoughts about enhanced material or other things that should be requested along with a framework bill?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

I will push Jonnie Hall and Lloyd Austin on a couple of the points that they raised.

I understand the point about flexibility, but you have discussed the need for consultation and scrutiny. When powers are delivered through secondary legislation, there is actually less of a requirement. Parliament has very clear rules: our three-stage process is clearly laid out and is open, allowing people make submissions. However, there is no pre-configured format for what consultation the Government might require for legislation—sometimes, it is not specified at all. If you want scrutiny and consultation, would you not be better off with primary legislation?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

You mentioned guidance and parliamentary scrutiny, earlier. Bills might specify that guidance needs to be laid before Parliament but, in essence, that is a notice period before the guidance is introduced. That process does not actually require any input, and there is no ability for Parliament to amend or update the guidance, although committees could take evidence, if they want to. Are you suggesting that some thought should be given to a parliamentary role in relation to guidance, particularly when it relates to a substantial matter?

Delegated Powers and Law Reform Committee

Framework Legislation and Henry VIII Powers

Meeting date: 14 January 2025

Daniel Johnson

Rosemary Agnew, I was interested in some of your previous answers. What you said was similar to some things that were said last week about there not necessarily being a hard and fast distinction between framework bills and non-framework bills, and the idea that the issue is more about how powers that are delivered through secondary legislation are framed and structured. You can have very broad and open powers and other powers that are very well specified. The broad parameters are set, but the issue is the detail or the levels that are left to secondary legislation.

Does that need to be an area of greater focus, so that we have models for framing secondary powers? Most legislation will involve some secondary powers—it is very rare for legislation to have none. Are you suggesting that we think about how secondary powers are framed and structured, rather than focus purely on whether a bill is a framework bill or not?

Economy and Fair Work Committee [Draft]

Budget Scrutiny 2025-26

Meeting date: 8 January 2025

Daniel Johnson

Oh, no—sorry. Apologies. I am comparing 2023-24 with the budget for 2024-25.