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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 5 April 2025
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Displaying 502 contributions

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Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Oliver Mundell

I take the Agriculture and Rural Communities (Scotland) Bill as an example. We have a Government-initiated question that sets out that 70 per cent of funding for that would go into tier 1 and 2 as direct payments. That decision has been taken by the Government before the stakeholder consultation formally begins. That is possible to do while the bill is going through, but it is not possible to get some of the other information on details that you would normally expect to see in a bill. The Government is picking and choosing which—

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Oliver Mundell

The last thing I will say on this is that you can put it in the bill while the bill is going through Parliament and retain the flexibility to change it later. That is different from not including it in the bill at all and leaving it to secondary legislation.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Oliver Mundell

When can we expect to see further progress? When would be reasonable?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Oliver Mundell

What happens to make sure that everyone knows what the minimum standard is? I am less worried about there being too much information; it is harder when there is not as much information as we would expect.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Oliver Mundell

That is helpful. I had a question on the LCMs, but Jeremy Balfour wants to come in.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Oliver Mundell

I will follow up the question around LCMs. Part of the challenge is whether, when the Scottish Government says nothing or is silent on the powers, the committee should assume that that means that you are content or whether it comes back to the issue of running out of capacity or time to query everything. Are you prioritising or is it the case that, when the Government says nothing about a power, the committee can take it that you are content and happy with it?

10:30  

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Oliver Mundell

I am talking about the situation once the Government has commented. Once the Government has commented, is that a complete comment and are you finished in relation to that LCM?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Oliver Mundell

Are you saying that, for example, with regard to commencement powers or even things that you do not agree with, there can be powers within the LCM that are not a cause for concern? We are trying to work out which bits to focus on.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Oliver Mundell

To me, it is not a political issue; the concern is about Parliament having its say. You made the case for that in your comments. Politicians can spend all day talking about legislation, but most of my constituents, although they want to see delivery and want to see things work, do not have the time to go through legislation letter by letter and word by word to ensure that it works. Ultimately, if the legislation does not work, you do not get the delivery.

My big concern is that, although there might not be more framework bills, the bills that are coming down the line are on more substantive topics. Things such as agricultural funding and the national care service are complicated—the national care service exceptionally so—and a lot of secondary legislation will be needed to make those bills work. I am concerned about whether Parliament as a whole has the capacity to deal with that level of secondary legislation on what I think will be controversial topics. We have seen that issue with the regulation of legal services, too.

People have strong views on some things that are being left to secondary legislation. Will the committee have people in every week to talk about every one of those bills, which are contentious in relation to policy? Has the Government thought about how that will work?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Oliver Mundell

It is possible that two or three of those bills could arrive together, and we talked about how many SSIs are expected before the summer. There could be periods when there are real peaks in what is coming through Parliament. It is not just in this committee, but other subject committees that are looking at new legislation, as well.