Meeting of the Parliament 24 April 2025
Yes, I do. The fact that we managed to arrive at some kind of definition is an indication of that. We recognised how challenging it is to arrive at a definition. That is understandable, given that some of the evidence that we heard in that regard was conflicting.
As parliamentarians, we think that most of our colleagues will know a piece of framework legislation when they see one, but we hope that, by setting out our understanding of what constitutes framework legislation, we can help to inform debate. It is worth acknowledging that the Scottish Government noted in its response to our report that the committee’s definition
“reflects a broad consensus of views amongst academics and practitioners.”
On the issue of the frequency with which framework legislation is used, the committee heard a variety of views. There is a general acceptance that the occurrence of framework legislation is not diminishing, but in the absence of a universally agreed definition of framework legislation or a single way of counting it over time, it is not possible to give a definitive answer. On balance, the committee considers that, across jurisdictions, it is likely that the occurrence of framework legislation has increased. If we take the 1932 report of the Donoughmore Committee on Ministers’ Powers as our starting point, the trend seems to be increasing.
Speaking of the Donoughmore committee, which was established in 1929 and reported in 1932, it was reassuring to learn that members of the DPLR Committee are not the first parliamentarians to concern ourselves with the issue of ministers’ powers. We do not know whether our report will be considered in 93 years’ time, but the age of the Donoughmore committee’s report on what is substantially the same subject speaks to the fact that this is not a new issue or one that is peculiar to Scotland.
In relation to the scrutiny of bills, the committee agreed that its preference, wherever possible, is for the detail of legislation to be spelled out in the body of the bill, to allow for transparency and proper democratic engagement, and to ensure that stakeholders and parliamentarians can engage with and scrutinise solid proposals. That said, the committee recognised the need, in some cases, for primary legislation to provide flexibility by allowing for laws to be updated without requiring further bills.