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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 1198 contributions

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Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Jeremy Balfour

Thank you.

Moving on, has the Scottish Government reflected on some of the concerns that have been raised in relation to delegated powers? You have heard—from not just this committee but others—that bills are moving quite far with a lot of delegated powers. Is that a concern to you? Is it discussed in the Scottish Government?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Jeremy Balfour

Let us move on to something that I am sure we can all agree on. The committee was contacted by the Lord President during its consideration of the delegated powers in the Regulation of Legal Services (Scotland) Bill. He had misgivings about some of its proposals to delegate powers to his office. What procedures are followed when a bill is being drafted and a decision is made to delegate power, particularly when a power is being delegated to a body that is not within the Scottish Government?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Jeremy Balfour

That would be helpful. It is not often that the Lord President, the Law Society and the Faculty of Advocates seem almost to be taken by surprise by what is in a bill. Two out of those three came to the committee to give evidence on it. It would be helpful if you would come back to us on that one.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Jeremy Balfour

Good morning, minister. I think that you were just about to say that there is a template that people follow. Before a minister signs off the document, does someone in your team, whether that is Steven MacGregor or Rachel Rayner, cast an eye over it to make sure that it follows the template, or is it left to each ministerial department?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Jeremy Balfour

Recently, the Scottish Government has made commitments to amend at stage 2 delegated powers in a number of bills that have been going through Parliament, including the Regulation of Legal Services (Scotland) Bill, which the committee has scrutinised and reported on at stage 1, since your most recent appearance at committee.

Given the potential significance of the amendment of delegated powers at stage 2, will the minister commit to allowing more than the minimum time that is permitted by standing orders between the submission of a supplementary delegated powers memorandum after stage 2 and the scheduling of stage 3, to allow the committee sufficient time to consider it and report to Parliament on any new or amended delegated powers?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Jeremy Balfour

We are also looking at what happens between the stage 1 debate and stage 2. During the debate on the Regulation of Legal Services (Scotland) Bill, for example, the minister committed to lodging a number of amendments, some of which related to delegated powers. As a committee, we do not normally take evidence after stage 1, but on that occasion, both I and the convener made the point that we might need to do so in order to see how the professional bodies felt about those amendments. That takes time, but we had just a week in which to write to the Law Society of Scotland and the Lord President and to weigh their evidence and report on it appropriately.

What discussions do you have with your colleagues, as minister, particularly when fairly major amendments are proposed to legislation?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 19 March 2024

Jeremy Balfour

So is it your position that we are not seeing more framework bills coming through? My impression—I am happy to be corrected on this—is that in the current session of Parliament, over the past three years, we have seen a lot more framework bills than we saw in previous sessions.

Social Justice and Social Security Committee

Social Security (Amendment) (Scotland) Bill: Stage 1

Meeting date: 14 March 2024

Jeremy Balfour

On representation, my understanding is that, if one of your clients ticks the box to confirm that they want representation, that lasts only for three months before consent is re-sought. Is that right? Does that mean that you cannot represent your clients fully? Should they have representation all the way through to whenever the social security chamber of the First-tier Tribunal for Scotland makes a decision? Would that be easier for you, as agencies, in carrying out your work, or am I misunderstanding the arrangement? Does Kirstie Henderson or anybody else want to respond to that?

Social Justice and Social Security Committee

Social Security (Amendment) (Scotland) Bill: Stage 1

Meeting date: 14 March 2024

Jeremy Balfour

You have drawn a distinction between something that was done innocently and financial abuse. Do you think that the provisions in the bill will tackle instances of financial abuse?

Social Justice and Social Security Committee

Social Security (Amendment) (Scotland) Bill: Stage 1

Meeting date: 14 March 2024

Jeremy Balfour

I will go back briefly to Craig Smith. Maybe you have answered this question already, but how do you think that would work in practice? Can it work in practice? Do we need more guidance on how it would work in practice?