Chamber and committees

On the point about the change of minister, it is clear that the officials would remain the same, unless there was also a change there. You raise a valid point, Graham.

Does the committee wish to draw the regulations to the Parliament’s attention on reporting ground (j), as they were laid less than 28 days before they came into force?

Members indicated agreement.

Although the committee’s expectation is that the Scottish Government should adhere to the 28-day rule in order to facilitate proper parliamentary scrutiny, does it nevertheless wish to note that it is satisfied with the explanation that has been provided for the failure to comply with the laying requirements, given the particular circumstances in this instance, notwithstanding the point that Graham Simpson raised a moment ago?

Members indicated agreement.

Before we turn to the two drafting errors that have been raised regarding SSI 2021/249, I highlight that the regulations will consolidate the Council Tax Reduction (Scotland) Regulations 2012 (SSI 2012/303). For a number of years, the session 5 committee called on the Scottish Government to consolidate SSI 2012/303 and also the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012 (SSI 2012/319). This is a positive start to the new session. Does the committee wish to welcome the consolidation of the Council Tax Reduction (Scotland) Regulations 2012, as called for by the previous committee?

Members indicated agreement.

Turning to the two drafting errors in SSI 2021/249, I note that there are incorrect references in regulations 20(3)(h) and 77(1). The full detail of those errors is in the published paper that lists all the correspondence with the Scottish Government. Does the committee wish to draw the regulations to the Parliament’s attention on the general reporting ground, in respect of those drafting errors?

Members indicated agreement.

Although the committee might recognise the necessity for breach of the 28-day rule in this instance, does it wish to add in its report that it considers the circumstances of the breach to be unsatisfactory and to emphasise that the Scottish Government should normally comply with the laying requirements in order to facilitate timely parliamentary scrutiny of such important policy choices?

Members indicated agreement.

An issue has been raised on SSI 2021/274, which makes a number of amendments to the Milk and Healthy Snack Scheme (Scotland) Regulations 2021 (SSI 2021/82). The amendment regulations were laid on 28 July 2021 and came into force on the following day, so they are clearly in breach of the 28-day rule.

A letter from the Scottish Government to the Presiding Officer explains that there was a need to bring the regulations into force with immediate effect in order to enable local authorities to make payments for the launch of the Scottish milk and healthy snack scheme on 1 August 2021. This is the second amending instrument that we are considering that has breached the 28-day rule. The instrument makes provision for the basis for the calculation of payments under the scheme, which is an important aspect of its operation.

Does the committee wish to draw the instrument to the Parliament’s attention on reporting ground (j), as it was laid less than 28 days before it came into force?

Members indicated agreement.

In relation to SSI 2021/275, the committee may wish to welcome the fact that, shortly after the regulations came into force during the parliamentary recess, the Scottish Government corrected a referencing error in regulation 3 by amendment in SSI 2021/278.

Is the committee content with the instruments?

Members indicated agreement.

Does the committee wish to welcome that the Scottish Government intends to introduce an amending SSI to correct those errors before the regulations come into force on 1 April 2022?

Members indicated agreement.

Good morning and welcome to the second meeting in session 6 of the Delegated Powers and Law Reform Committee. I hope that all members were able to get a break over the summer. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent mode.

Agenda item 1 is a decision on whether to take item 6 in private. Is the committee content to do that?

Members indicated agreement.

No points have been raised on the remaining instruments under this agenda item.