Chamber and committees

The instrument sets out provisions for transferring specified individuals in Scotland who are currently in receipt of disability living allowance to become entitled to adult disability payment, and makes miscellaneous amendments to specified legislation.

In correspondence with the Scottish Government, which has been published alongside the agenda for this meeting, the committee highlighted errors that have been identified in regulations 2, 5(1) and 19(10). The Scottish Government confirmed that it intends to correct the errors in regulations 2 and 19(10) by way of a correction slip. It will correct the error in regulation 5(1) at the next legislative opportunity.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, in respect of errors in regulations 2, 5(1) and 19(10)?

Members indicated agreement.

At the same time, does the committee wish to welcome the fact that the Scottish Government intends to correct the errors in regulations 2 and 19(10) by way of a correction slip, and to correct the error in regulation 5(1) at the next opportunity?

Members indicated agreement.

Does the committee also wish to welcome the fact that the Scottish Government made a number of amendments in the instrument that give effect to the committee’s recommendations from earlier this year in relation to its consideration of the Disability Assistance for Working Age People (Scotland) Regulations 2022?

Members indicated agreement.

Is the committee content with the instrument?

Members indicated agreement.

Good morning, and welcome to the Delegated Powers and Law Reform Committee’s 17th meeting in 2022. We have received apologies from Craig Hoy MSP.

Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent.

The first item of business is to decide whether to take items 4 to 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

Under agenda item 2, we are considering two instruments. Issues were raised with the Scottish Government on the following instrument.

Also under this agenda item, no points have been raised on the following instrument, which has been relaid.

My questions are mostly for Michael Clancy. Way back, I was a member of the Devolution (Further Powers) Committee, and some of this discussion has taken me back to 2015 and 2016, when that committee discussed the Sewel convention at great length. I know that the Law Society proposed amendments to the Scotland Bill that would have removed the word “normally” from section 28(8) in the 1998 act. If the amendments as proposed by the Law Society had been accepted, does Mr Clancy think that we would be having this discussion in the committee today? Also, would the relationship between the two Parliaments and two Governments be on a better footing?

Thank you, Mr Simpson. That is a valid point, and I am content for us to raise the issue with the lead committee for it to take into account when it considers the instruments.

Under agenda item 3, we are considering five instruments. An issue has been raised on the following instrument.