Minutes: 04 October 2022

1. Decision on taking business in private:

The Committee agreed to take items 6, 7, 8, 9 and 10 in private.

2. Moveable Transactions (Scotland) Bill:

The Committee took evidence from—

Mike Dailly, Solicitor Advocate & Principal Solicitor, Govan Law Centre;

Dr Hamish Patrick, Partner and Head of Financial Sector, Shepherd and Wedderburn LLP;

Dr Jonathan Hardman, Convener of the Banking, Company & Insolvency Law sub-committee, Law Society of Scotland;

and then from—

Myles Fitt, Strategic Lead - Financial Health, Citizens Advice Scotland;

Alan McIntosh, Approved Money Adviser, Advice Talks Ltd.

3. Instruments subject to affirmative procedure:

The Committee agreed that no points arose on the following—

Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Order 2022 (SI 2022/Draft)

4. Instruments subject to negative procedure:

The Committee agreed that no points arose on the following—

Financial Assistance for Environmental Purposes (Scotland) (No. 2) Order 2022 (SSI 2022/278)
Rural Support (Simplification and Improvement) (Scotland) (No. 2) Regulations 2022 (SSI 2022/279)

5. Instruments not subject to any parliamentary procedure:

The Committee agreed that no points arose on the following—

Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Commencement No. 1) Regulations 2022 (SSI 2022/280 (C.16))

6. Northern Ireland Protocol Bill (UK Parliament legislation) (in private):

The Committee considered the powers to make subordinate legislation conferred on UK Ministers in devolved areas in the Northern Ireland Protocol Bill (UK Parliament legislation). The Committee agreed to write to the UK Government, copying the letter to the Scottish Government and the Constitution, Europe, External Affairs and Culture Committee.

7. Procurement Bill (UK Parliament legislation) (in private):

The Committee considered the powers to make subordinate legislation conferred on UK Ministers and Scottish Ministers in devolved areas in the Procurement Bill (UK Parliament legislation) and agreed to report to the Economy and Fair Work Committee.

8. Trade (Australia and New Zealand) Bill (UK Parliament legislation) (in private):

The Committee considered the powers to make subordinate legislation conferred on UK Ministers and Scottish Ministers in devolved areas in the Trade (Australia and New Zealand) Bill (UK Parliament legislation) and agreed to report to the Economy and Fair Work Committee.

9. Work programme (in private):

The Committee considered its work programme in relation to themes arising from the Committee’s ongoing scrutiny of powers in UK Parliament legislation to make subordinate legislation conferred on UK Ministers in devolved areas. It agreed to write to the UK Government, copying the letter to the Constitution, Europe, External Affairs and Culture Committee.

10. Moveable Transactions (Scotland) Bill (in private):

The Committee considered the evidence it heard earlier.