Chamber and committees

I am content with the suggestion. It is the right thing to do. Clearly, you are correct that it is a policy matter. Are members content with that suggestion?

Members indicated agreement.

Under agenda item 7, we are considering four instruments. An issue has been raised on the following instrument.

The instrument commences section 7 of the Social Security Administration and Tribunal Membership (Scotland) Act 2020. Section 8 of the 2020 act makes transitional provision in consequence of section 7 and should be brought into force at the same time. However, the instrument does not bring section 8 into force.

Following a question from the committee, the Scottish Government acknowledged in its response, which can be read in full in meeting paper 3, that that was an oversight. The Government thanked the committee for bringing that to its attention and said that it would introduce further regulations to commence section 8. That has now been done by SSI 2021/352, which is also being considered today.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), on the basis that its drafting appears to be defective?

Members indicated agreement.

No points have been raised on the following instruments.

Is the committee content with the instruments?

Members indicated agreement.

Welcome to the Delegated Powers and Law Reform Committee’s eighth meeting in session 6.

We have received apologies from Craig Hoy and Paul Sweeney. I welcome Maurice Golden as a substitute member for the Scottish Conservative and Unionist Party. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent.

The first item on our agenda is a declaration of interests. In accordance with section 3 of the code of conduct, I invite Maurice Golden to declare any interests that are relevant to the committee’s remit.

The second item of business is to decide whether to take item 8 in private. Is the committee content to take that item in private?

Members indicated agreement.

Thank you, and welcome to the committee, Maurice.

I agree that it is right to contact the lead committee about that, so I am happy with that suggestion. Is the committee content with that?

Members indicated agreement.

The committee will note that there has previously been a long-standing disagreement with the Scottish Government on whether regulations in respect of the council tax reduction scheme give rise to a devolution issue in so far as they relate to matters that are reserved in section F1, entitled “Social security schemes”, of part 2 of schedule 5 to the Scotland Act 1998. The issue is engaged by the instrument in so far as it amends the unconsolidated Council Tax Reduction (Scotland) Regulations 2012 (SSI 2012/303) and the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (SSI 2012/319).

In 2018, the session 5 committee agreed that, instead of continuing to highlight the disagreement with every new set of council tax reduction regulations, it would instead note its position on the devolution issue and on undertaking consolidation, as stated in its previous reports to the Parliament. The session 5 committee therefore agreed that it did not consider it necessary to repeat that view again. However, it continued to encourage the Scottish Government to undertake a consolidation of the principal regulations within a reasonable timescale, in the interests of clarity and accessibility.

Does the committee wish to note its predecessor’s position on the devolution issue and on undertaking consolidation—to the extent that that is still outstanding in respect of the pension age regulations—and restate that position for this session?

Members indicated agreement.