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Parliamentary debates and questions

Delegated Powers and Law Reform Committee 30 April 2019

The agenda for the day:

Decision on Taking Business in Private, European Union (Withdrawal) Act 2018: Instrument Procedure and Category, Instruments subject to Negative Procedure, Instruments not subject to Parliamentary Procedure.

Decision on Taking Business in Private
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The Convener (Graham Simpson)

I welcome everyone to the 14th meeting in 2019 of the Delegated Powers and Law Reform Committee. We have received apologies from Alison Harris and Mary Fee.

Under agenda item 1, it is proposed that the committee takes items 5 and 6, which are on the delegated powers provisions in bills, and item 7, which is on our work programme, in private. Does the committee agree to do so?

Members indicated agreement.

European Union (Withdrawal) Act 2018: Instrument Procedure and Category
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Disabled Persons (Badges for Motor Vehicles) (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/128)

The Convener

Agenda item 2 is consideration of two instruments that have been laid under the European Union (Withdrawal) Act 2018. We are considering the scrutiny procedure under which they have been laid and the categorisation that the Scottish Government has applied.

SSI 2019/128 has been laid under the negative procedure and has been categorised as being of low significance. It corrects deficiencies in relation to the United Kingdom’s planned withdrawal from the European Union by updating references to the UK being a member state and amending the form of blue badge that is issued to disabled people for display in motor vehicles in Scotland.

The instrument has not been subject to the sifting process under the Scottish statutory instrument protocol on the ground of urgency, as is set out in the policy note that accompanies the instrument, but our advisers indicate that the scrutiny procedure and categorisation could be appropriate.

Do members have any comments?

Members: No.

The Convener

Is the committee content that the appropriate scrutiny procedure and categorisation have been applied to the instrument?

Members indicated agreement.

Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/142)

The Convener

SSI 2019/142 has been laid under the negative procedure and has been categorised as being of medium significance. It amends various pieces of legislation relating to sunbeds and the sale of tobacco products, cigarette papers and nicotine vapour products to correct deficiencies in relation to the UK’s planned withdrawal from the EU.

Our advisers indicate that the scrutiny procedure and categorisation could be appropriate. Is the committee content that that is the case?

Members indicated agreement.

Instruments subject to Negative Procedure
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Disabled Persons (Badges for Motor Vehicles) (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/128)

The Convener

Agenda item 3 is consideration of two negative instruments that we considered under item 2. We are now undertaking technical scrutiny of the instruments.

SSI 2019/128 was laid before the Parliament on 1 April 2019 and came into force on the same day at 4 pm, which does not respect the requirement that at least 28 days should elapse between the laying of a negative instrument and the coming into force of that instrument. The reasons for the breach are set out in correspondence with the Presiding Officer, which is available in our published papers.

Standing orders require the committee to draw to the Parliament’s attention any failure to respect the 28-day laying requirement. Does the committee wish to draw the instrument to the Parliament’s attention on reporting ground (j), as it fails to comply with the requirements of section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010?

Members indicated agreement.

The Convener

Is the committee content that the failure to comply with section 28(2) of the 2010 act is acceptable in the circumstances?

Members indicated agreement.

Public Health and Tobacco (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/142)

The Convener

No points have been raised on the instrument. Is the committee content with it?

Members indicated agreement.

Instruments not subject to Parliamentary Procedure
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The Convener

Agenda item 4 is consideration of two instruments that are not subject to parliamentary procedure, on which no points have been raised.

Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Labour Market Enforcement Orders) 2019 (SSI 2019/139)

Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc Rules Amendment) (Labour Market Enforcement Orders) 2019 (SSI 2019/140)

The Convener

Is the committee content with the instruments?

Members indicated agreement.

10:04 Meeting continued in private until 10:23.