Chamber and committees

Is the committee content with the instrument?

Members indicated agreement.

Welcome to the 29th meeting in 2024 of the Delegated Powers and Law Reform Committee. We have received apologies from Bill Kidd MSP. In his place, I welcome Rona Mackay MSP. I remind everyone to switch off, or put to silent, mobile phones and other electronic devices.

The first item of business is a declaration of interests. In accordance with section 3 of the code of conduct, I invite Roz McCall MSP to declare any interests that are relevant to the remit of the committee.

Is the committee content with the instruments?

Members indicated agreement.

The instrument changes the certificates that are required before a funeral, burial or cremation can lawfully take place in Scotland of a person who died in England, Wales or Northern Ireland.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments that are subject to the negative procedure must be laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument breaches that requirement, as it was laid on 15 October 2024 and came into force on 16 October 2024.

In correspondence with the Presiding Officer, the Scottish Government stated that the breach had occurred in order to resolve the issue that some families have been unable to arrange burial or cremation in Scotland where a loved one has died elsewhere in the United Kingdom due to the required certificate not being available until a coroner’s investigation is complete, notwithstanding that the coroner is content to release the body. In one known case, that is expected to take at least a year.

As such, the Scottish Government considers that it is necessary and reasonable to breach the 28-day rule to ensure that the amendments are made immediately to avoid prolonging the distress of grieving families.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements?

Members indicated agreement.

That concludes the public part of the meeting.

The second item of business is to decide whether to take items 6, 7, 8, 9, 10 and 11 in private. Is the committee content to take those items in private?

Members indicated agreement.

Thank you, Roz, and welcome to the committee. I look forward to working with you.

Before we move to the next item on the agenda, I take this opportunity, on behalf of the committee, to thank Tim Eagle MSP for all his hard work and his valuable contribution to the committee.?Like Roz, Tim is a fairly new member of the Scottish Parliament but it is fair to say that he recognised the importance of the committee’s work and worked diligently as a committee member. On behalf of all members, I wish him all the best for the future.

Under agenda item 3, the committee is considering two instruments, on which no points have been raised.

Is the committee content with the instruments?

Members indicated agreement.

Is the committee content with the instrument?

Members indicated agreement.