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Chamber and committees

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 28 November 2024
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Displaying 1699 contributions

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Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 22 February 2022

Stuart McMillan

No problem.

As there are no other comments, and notwithstanding the vote that we just had and the points that Mr Hoy has just made, is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 22 February 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 22 February 2022

Stuart McMillan

We are going to contact the DFM, so we can highlight that particular instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 22 February 2022

Stuart McMillan

We have a short space of time available, so I would be content for the committee to write as suggested, and then we can take the matter from there. Is that okay with everyone?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Affirmative Procedure

Meeting date: 8 February 2022

Stuart McMillan

Under agenda item 2, we are considering seven draft instruments, on which no points have been raised.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

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

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

The Sea Fish (Conservation) Act 1967 allows the Scottish ministers to prohibit, by order, sea fishing in specified waters. The instrument reduces the size of the cod spawning closure areas in which fishing by any method is prohibited, within two areas of the Firth of Clyde, which are mapped in the schedule to the instrument. The aim is to protect cod in the Firth of Clyde from fishing mortality during the spawning period in a recognised spawning ground. The prohibition applies to British fishing boats from 14 February until 30 April during 2022 and 2023.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure are required to be laid at least 28 days before they come into force, not counting recess periods of more than four days. In correspondence with the Presiding Officer, the Scottish Government explained that it has recently reconsidered and reduced the extent of the areas for closure. As the cod closure begins on 14 February, it is necessary for the amendments to come into force on 12 February, which breaches the 28-day rule.

If members have no comments, does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in relation to its failure to lay the instrument in accordance with laying requirements under the 2010 act?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

I believe that Mr Sweeney would like to comment on SSI 2022/26.

Delegated Powers and Law Reform Committee [Draft]

Instruments subject to Negative Procedure

Meeting date: 8 February 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee [Draft]

Instrument not subject to Parliamentary Procedure

Meeting date: 8 February 2022

Stuart McMillan

Under agenda item 4, we are considering an instrument subject to the laid only procedure, on which no points have been raised.