Meeting of the Parliament 24 April 2025
Thank you, Presiding Officer.
Today, I am speaking on behalf of the committee. I said earlier that we wanted to depoliticise elements of the issue that we are discussing. I have my own views, which I will be happy to speak to Mr Kerr about after the debate. However, the committee did not go into great detail on the functions and structure of the Scottish Parliament. I can have a chat about that with Mr Kerr afterwards—that would be no bother.
The report sets out in detail the steps that the committee supports being taken by the Government and fellow parliamentarians to help to strengthen the scrutiny of delegated powers in primary legislation and the secondary legislation that is subsequently made under those powers. Such steps include the use of the so-called super-affirmative procedure for subordinate legislation and the Scottish Government setting out the overarching justification in instances in which it decides to take a framework approach.
The committee concluded that, although it expects so-called Henry VIII powers—powers that allow primary legislation to be amended by secondary legislation—to be appropriately limited in scope, it considers them to be a necessary and efficient tool when they are used suitably. At present, the committee is generally content with the drafting of most Henry VIII powers in Scottish Government bills, and it is content that they are subject to appropriate parliamentary procedures. Speaking personally, I do not like the idea of Henry VIII powers, but I recognise and agree with the committee’s unanimous finding in that regard.
I hope that the committee’s report proves to be helpful to the Parliament and beyond, in the longer term, and that it has formed the basis for an interesting and informative debate this afternoon. I thank my committee colleagues for the way that they worked throughout the inquiry, and I look forward to hearing contributions from other members. I also put on the record my thanks on behalf of the committee members to the excellent clerking team and the legal advisers of the Delegated Powers and Law Reform Committee. Their assistance during the inquiry was invaluable, and we all appreciate everything that they have undertaken to help us.
I move,
That the Parliament notes the conclusions and recommendations contained in the Delegated Powers and Law Reform Committee’s 21st Report, 2025 (Session 6), Inquiry into Framework Legislation and Henry VIII powers (SP Paper 762).