Committee
Delegated Powers and Law Reform Committee 29 September 2020
29 Sep 2020 · S5 · Delegated Powers and Law Reform Committee
Item of business
Work of the Committee 2019-20
Is the commitment that you are not so confident about on the council tax reduction Scotland scheme?
In the same item of business
The Convener
Con
For agenda item 2, we have before us Graeme Dey MSP, the Minister for Parliamentary Business and Veterans, who will give evidence relating to the work of the...
The Minister for Parliamentary Business and Veterans (Graeme Dey)
SNP
The answer to that is what we have been doing during the period for which I have been the Minister for Parliamentary Business and Veterans: maintaining as st...
The Convener
Con
We will obviously be monitoring that. You have previously given an assurance that all historical commitments will be met by the end of this parliamentary se...
Graeme Dey
SNP
Of the 16 historical commitments, three remain. As you know, we are under considerable pressure because of Brexit and Covid and, as you mentioned, we are in ...
The Convener
Con
Is the commitment that you are not so confident about on the council tax reduction Scotland scheme?
Graeme Dey
SNP
It would not be one of these evidence sessions without the subject of the council tax reduction coming up. The committee and the Government have a long-runni...
The Convener
Con
My question to our team is about how we resolve the disagreement, rather than taking what you have said as an answer. Can you put something forward so that w...
Graeme Dey
SNP
With respect, we have responded to the committee’s concern, to a degree, through the Keeling versions that have been set up. Our view is that we will not mak...
The Convener
Con
I understand that what we might call a patchwork solution has been applied. When I hear that there is disagreement, I like to know whether there is a legal d...
Graeme Dey
SNP
As ever, I am happy to continue the dialogue.
Mary Fee (West Scotland) (Lab)
Lab
The committee is keenly aware of the significant amount of legislative work that the Government has had to do in response to the coronavirus. During lockdown...
Graeme Dey
SNP
I offer the reassurance that we always carefully consider the course of action that we follow on all such things. I recognise that there will be times when o...
Mary Fee
Lab
I thank the minister for that response, which, in some ways, is reassuring. I accept, as does the rest of the committee, that the Government has had to do a ...
Graeme Dey
SNP
It has also been challenging for the Parliament. In the midst of the pandemic, we have all too often lost track of the fact that everyone has faced considera...
Mary Fee
Lab
I absolutely agree with those points. The committee wants all instruments to be as clear as possible, so that there is no confusion about what is required o...
Graeme Dey
SNP
I ask Steven Macgregor to come in on the process that we follow, and then I will answer the general question.
Steven Macgregor (Scottish Government)
In general terms, it is down to being as clear as possible in communicating what regulations do and do not do. There is now a wide-ranging suite of guidance ...
Graeme Dey
SNP
I am not going to sit here and claim that we get it absolutely right all the time, because there are occasions when people interpret guidance in a way that i...
Mary Fee
Lab
The minister will probably agree that, given the nature of the pandemic and the level of guidance and instruction that has been given, people get slightly co...
Graeme Dey
SNP
I recognise that criticism—if we want to call it that. All of us are having to adapt to the changing challenges that the pandemic sets us. That is why it is ...
Mary Fee
Lab
You will know that the committee has previously highlighted the number of negative instruments that come into force almost immediately, which breaks the 28-d...
Graeme Dey
SNP
I am happy to give an assurance that the Government and I take that issue extremely seriously. When we find ourselves in a situation in which we are at risk ...
Steven Macgregor
There is a requirement that, when we breach the 28-day rule, we write to the Presiding Officer to explain why that happened. That has to happen every time th...
Mary Fee
Lab
Finally, I want to ask the minister about the use of emergency coronavirus-related instruments. I accept that you may not be able to give me a definitive ans...
Graeme Dey
SNP
That is an interesting question. I could speak with more certainty about primary legislation relating to coronavirus. Three separate pieces of legislation ha...
The Convener
Con
I want to go back to a point that Mary Fee raised earlier about clarity between law and guidance. When ministers address members in the chamber, do they make...
Graeme Dey
SNP
When I have heard that, my personal reflection has been that that has been made clear at the time. However, there is a very large volume of information out t...
The Convener
Con
Michelle Ballantyne would like to ask a supplementary question.
Michelle Ballantyne (South Scotland) (Con)
Con
I want to pick up on that point. The expression “the rules” is used all the time. In Parliament, it is perhaps incumbent on us to use more technical language...
Graeme Dey
SNP
As you said, that pertains to all of us, because all members use that phraseology.