Minutes: 14 December 2021

1. Decision on taking business in private:

The Committee agreed to take items 7, 8, 9 and 10 in private.

2. Inquiry into use of the made affirmative procedure during the coronavirus pandemic:

The Committee took evidence from—

Professor Stephen Tierney, Professor of Constitutional Theory, School of Law, University of Edinburgh;

Sir Jonathan Jones, QC, Linklaters LLP.

3. Instruments subject to made affirmative procedure:

The Committee agreed that no points arose on the following—

Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 11) Regulations 2021 (SSI 2021/454)
Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Amendment (No. 12) Regulations 2021 (SSI 2021/455)

4. Instruments subject to affirmative procedure:

The Committee agreed to bring to the attention of the Parliament the following—

Scottish Child Payment Regulations 2020 and the Disability Assistance for Children and Young People (Scotland) Regulations 2021 (Miscellaneous Amendments) Regulations 2022 (SSI 2021/Draft)

The Committee agreed to write to the Minister for Parliamentary Business to highlight points raised during its discussion.

The Committee agreed that no points arose on the following—

Redress for Survivors (Historical Child Abuse in Care) (Reconsideration and Review of Determinations) (Scotland) Regulations 2022 (SSI 2021/Draft)

5. Instruments subject to negative procedure:

The Committee agreed to bring to the attention of the Parliament the following—

Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021 (SSI 2021/446)

The Committee agreed to highlight the correspondence received from the Scottish Centre for Crime and Justice Research to the Criminal Justice Committee. It also agreed to write to the Cabinet Secretary for Justice and the Minister for Drugs Policy to highlight points raised during its discussion.

6. Instruments not subject to any parliamentary procedure:

The Committee agreed that no points arose on the following—

Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Miscellaneous) (No.2) 2021 SSI 2021/434)
Avian Influenza (H5N1 in Birds etc.) (Miscellaneous Amendment and Revocation) (Scotland) Order 2021 (SSI 2021/444)
Age of Criminal Responsibility (Scotland) Act 2019 (Commencement No. 4) Regulations 2021 (2021/449 (C.32))

7. Budget (Scotland) Bill (In Private):

The Committee considered the powers to make subordinate legislation conferred on Scottish Ministers in this Bill at Stage 1 and agreed to report to the Finance and Public Administration Committee. 

8. Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Bill (In Private):

The Committee considered the response received from the Deputy First Minister and Cabinet Secretary for Covid Recovery on the delegated powers provisions in this Bill at Stage 1 and agreed to report to the COVID-19 Recovery Committee.

9. Police Crime Sentencing and Courts Bill (UK Parliament supplementary legislation)(In Private):

The Committee considered the powers to make subordinate legislation conferred on Scottish Ministers in this Bill and agreed to write to the Criminal Justice Committee. It also agreed to write to the UK Government and the Scottish Government to highlight points raised during its discussion.  

10. Inquiry into use of the made affirmative procedure during the coronavirus pandemic (In Private):

The Committee considered the evidence it heard earlier under agenda item 2.