Meeting of the Parliament 24 April 2025
Mr Kerr suggests that that is the case, but I am less convinced that that is a sensible way forward, because there will be plenty of important matters that we take forward through pieces of secondary legislation that have not come about due to a framework bill and which, frankly, in the interests of good governance, should be just as thoroughly scrutinised as those that have. That is where I stand on the matter.
The Government’s position is that we should provide a clear justification at all times for the proposed inclusion of any delegated power that we plan to take in a bill, Of course, our processes should always be subject to reconsideration, refinement and improvement, and, effectively, that is the system that we have now. Alongside every bill in which we say that there will be secondary legislation-making powers, we have to publish a delegated powers memorandum to justify and make the case for powers to be delegated to the Scottish Government to make and amend law by secondary legislation. If any member or committee considers that what is set out in such a memorandum falls short of expectations, I would expect them—frankly, I would encourage them—to raise that with the relevant minister at the earliest opportunity and seek the additional information and justification that they consider to be necessary. My expectation of ministerial colleagues is that they should respond in kind and provide as much detail and information as members require, in the interest of good scrutiny of our legislative proposals.
I will respond to some of the specific recommendations in the report. One recommendation says:
“The committee considers that legislation should, other than in very limited circumstances, set out a high degree of detail on the face of the Bill.”
The Scottish Government agrees with that.
Another recommendation says:
“Financial Memoranda should include an estimate of any costs arising from delegated powers provisions”
and that the Scottish Government should
“ensure it keeps committees updated throughout the legislative process on the estimated costs arising from a Bill”.
Again, the Scottish Government accepts those points and, at the request of the Finance and Public Administration Committee, I have already ensured that the advice to the Scottish Government’s bill teams is revised to re-emphasise the need for committees to be kept abreast of changes to estimated costs in financial memoranda.
Another recommendation says:
“Where a Scottish Government Bill proposes the delegation of a broad power it should consider adding an appropriate super-affirmative procedure to enhance parliamentary scrutiny.”
The Scottish Government will take that recommendation into account in taking forward its legislative programme.
The report also has recommendations relating to Henry VIII powers—I have not had a chance to say much about Henry VIII powers, so I will try to say a little bit more about them in my closing speech, because I can now see that I have used up 16 and a half minutes of my allocated seven minutes, Presiding Officer, and I acknowledge that I am taxing your patience.