The Scottish Parliament Delegated Powers and Law Reform Committee, 18 Jun 2019

Previous Meeting Next Meeting

⏯

youtube image

►

From YouTube: Delegated Powers and Law Reform Committee - 18 June 2019

Description

1. Decision on taking business in private: The Committee will decide whether to take items 6 and 7 in private.

2. European Union (Withdrawal) Act 2018: The Committee will consider whether the following instruments have been laid under the appropriate procedure and given the appropriate categorisation—
Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (SSI 2019/190)

3. Instruments subject to affirmative procedure: The Committee will consider the following—
Debt Arrangement Scheme (Scotland) Amendment Regulations 2019 (SSI 2019/draft)

4. Instruments subject to negative procedure: The Committee will consider the following—
Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (SSI 2019/190); National Assistance (Assessment of Resources) Amendment (Scotland) (No. 2) Regulations 2019 (SSI 2019/191); Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (SSI 2019/193) Private Landlord Registration (Information) (Scotland) Regulations 2019 (SSI 2019/195); Local Government PensionScheme (Miscellaneous Amendments) (Scotland) Amendment Regulations 2019 (SSI 2019/204)

5. Instruments not subject to any parliamentary procedure: The Committee will consider the following—
Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 (Commencement No. 1) Regulations 2019 (SSI 2019/197)

6. Non-Domestic Rates (Scotland) Bill (in private): The Committee will consider the delegated powers provisions in this Bill at Stage 1.

7. Quarterly report (in private): The Committee will consider a draft quarterly report for the parliamentary period from 26 February to 8 May 2019.

Published by the Scottish Parliament Corporate Body.

www.parliament.scot // We do not facilitate discussions on our YouTube page but encourage you to share and comment on our videos on your own channels. // If you would like to join in our conversations please follow @ScotParl on Twitter or like us on Facebook at www.facebook.com/scottishparliament

A

Or on to the 20th meeting in 2019 of the delegation thousand law reform committee first item of business is to propose that we take item six and seven or consideration of the delegated powers provisions in the non-domestic rates bill and our quarterly report in private. Does the committee agree to that? Okay, gender item: two consideration of an SSI laid under the European Union withdrawal at 2018, we're considering the scrutiny procedure under which it's been laid and the catherization applied by the Scottish Government.

A

So we've got the seed and propogating material EU exit, Scotland amendment number two regulations: SSI 2019, one: nine, zero, that's been laid under the negative procedure and it's been categorizes of low significance. The instrument amends various marketing regulations for seed and plant propagating materials. These regulations transpose EU directives to ensure minimum quality standards and traceability. The instrument also corrects errors in a previous instrument which are identified by the committee at its meeting on the 12th of March. Our advisers indicate that the scrutiny procedure and categorization could be appropriate.

A

So is the committee content that the appropriate scrutiny procedure and categorization has been applied? James. Thank you. Agenda item 3 were considering an instrument subject to the affirmative procedure. No points have been raised on the draft debt arrangement scheme. Scotland amendment regulations 2019. So is the committee content with that contain okay.

A

The next item item for considering instruments, subjects a negative procedure and we're looking at the welfare foods best start food, Scotland regulations, 2019, SSI, 2019 193. The regulations make provision for a new scheme which will replace the UK Healthy Start vouchers in Scotland, and the aim of the scheme is to help and encourage low-income, pregnant women and families with children under three in receipt of certain benefits to have access to healthy foods.

A

The meaning of regulation 18, which concerns the level of fine for an offense relating to failing to notify a changing circumstances or to produce a payment card could be made clearer. Details of that are available in our published papers. The Scottish Government's has has acknowledged this concern and has made a commitment to lay and the mending instrument to clarify the regulation.

A

So does the committee wish to draw the regulations to the attention of the Parliament on reporting ground H, as the meaning of regulations could be clearer, oh good, okay, and does the committee wish to welcome the Scottish Government's undertaking to lay an amending instrument to clarify the drafting of regulation 18.

A

Next, we've got the local government pension scheme, miscellaneous amendments, Scotland amendment regulations, 2019 SSI, 2019 to zero for the instrument records rectifies to relatively minor errors identified by the committee. At this meeting on the 21st of May, the instrument was laid before the Parliament on the 11th of June and comes into force on the 28th of June. This does not respect the requirement that at least 28 days should elapse between the laying of an instrument which is subject to the negative procedure and date on which it comes into force.

A

The reasons for the breach are set out in correspondence with the presiding officer, which is available in our published papers. Standing Orders require the committee to draw to the Parliament's attention any failure to respect the 28 day laying requirement so does the committee wish to draw the regulations to the attention of Parliament on reporting ground J as they fail to comply with the requirements of section 28 of the interpretation and legislative reform?

A

Scotland Act 2010 regulating okay and, as the committee content, that the failure to comply with section 28 is acceptable in the circumstances agreed to you. Thank you. No points arose on SSI, 2019, 1, 901, 9, 1 and 1 9 5. So is the committee content with these instruments, content and item 5 we're considering an instrument? That's not subject to any parliamentary procedure. There been no points on SSI, 2019 197. Is the committee content with this instrument content?

A

Thank you and I'll move the meeting. It's private.