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Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

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Showing 60 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
The Convener SNP Committee
18 Mar 2014
Instruments subject to Negative Procedure
Our legal advisers have suggested that the committee may wish to draw the following matter to the attention of the lead committee considering the regulations. The regulations come into force on 29 March 2014. Article 31 of directive 2012/18/EU on the control of major accident ...
The Convener SNP Committee
20 Mar 2012
Instruments subject to Negative Procedure
The regulations raise the following devolution issue, which the committee might agree to draw to the Parliament’s attention on reporting ground (f).National measures on the specification of the special health mark for meat from animals that have been subject to emergency slaug...
The Convener SNP Committee
11 Mar 2014
Instruments subject to Negative Procedure
We come to agenda item 3. Our legal advisers have raised the same points in relation to both Scottish statutory instrument 2014/43 and SSI 2014/44. The committee may consider that there has been unjustifiable delay in the laying of the regulations before the Parliament, as the...
The Convener SNP Committee
06 Mar 2012
Instruments Subject to Negative Procedure
I do not think that you are dancing on the head of a pin, but we have to remember where we are with the legislation. I suggest that we draw it to the attention of both the policy committee, which is the lead committee, and the Parliament.Does the committee agree that we should...
The Convener SNP Committee
17 Apr 2012
Instruments subject to Negative Procedure
The committee may wish to draw the attention of the Parliament to the instrument on the general reporting ground in three respects. First, there is a drafting error in schedule 5. The revocation of the Public Contracts and Utilities Contracts (Postal Services and Common Procur...
The Convener SNP Committee
13 Mar 2012
Instruments subject to Affirmative Procedure
There are five matters in respect of which the committee may wish to draw the order to the attention of the Parliament on reporting ground (h), because its meaning could be clearer in five respects. Clarity is important, as the order is intended to set out steps that landlords...
The Convener SNP Committee
05 Feb 2013
Public Body Consent Memorandum
The next item of business is consideration of the draft Public Bodies (Abolition of Administrative Justice and Tribunals Council) Order 2013, which is a United Kingdom Government order under section 1 of the UK Public Bodies Act 2011.As members will recall, the consent of the ...
The Convener SNP Committee
24 Jun 2014
Instruments subject to Negative Procedure
Our legal advisers have raised another matter. Regulation 3(2) provides that a person in police custody must be provided“as soon as reasonably practicable with such information ... as is necessary to satisfy the requirements of Articles 3 and 4 of the Directive.”In its respons...
The Convener SNP Committee
25 Mar 2014
Instruments subject to Negative Procedure
The order was not laid at least 28 days before it came into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. The committee may wish to draw to the attention of the lead committee the Scottish Government’s explanation for the...
The Convener SNP Committee
09 Dec 2014
Instruments subject to Negative Procedure
The Charities Accounts (Scotland) Amendment Regulations 2014 (SSI 2014/295) were considered by the committee at its meeting on 25 November 2014, when it was agreed to draw the attention of the Parliament to certain minor inaccuracies in respect of the names and dates of public...
The Convener SNP Committee
17 Mar 2015
Instrument subject to Affirmative Procedure
No points have been raised by our legal advisers on the draft order. There is, however, an issue that, while it is not a matter for this committee, we might wish to draw to the attention of the lead committee. The boundary between Scottish and English waters within the territ...
The Convener SNP Committee
19 May 2015
Instruments subject to Negative Procedure
Our legal advisers have suggested two matters for consideration in these regulations, the first of which concerns an apparently unusual or unexpected use of the powers in the parent statute. In schedule 1 of the instrument, rule 5(3)(a) confers power on the first-tier tax tr...
The Convener SNP Committee
08 Dec 2015
Instruments subject to Negative Procedure
Right. We are required to report to Parliament this week, so we need to make that decision this week. We need to encourage the Government to find a way of ensuring that the instrument is not on the statute book. There are routes open to the Government and, on reflection, to us...
Nigel Don SNP Chamber
02 Feb 2012
Broadband
My time is a bit too precious to answer that, but it was a nice try.We know and have said that the debate is about the haves and the have-nots. We will have targets that refer to 98 or 95 per cent of the country, but I am concerned that what we need is solutions for all. We ex...
The Convener SNP Committee
10 Mar 2015
Instruments subject to Negative Procedure
No points have been raised by our legal advisers on the instrument. However, the committee may wish to draw a matter to the attention of the lead committee for the instrument. The requirements that the regulations transpose for Scotland should have been transposed by 25 Octob...
Nigel Don SNP Committee
25 Nov 2015
Section 22 Reports
Okay. We could reasonably draw the conclusion that the discussion at that remuneration committee was on your proposal. I take the point that it was not specifically about Mr Doyle but about senior management in general—I think that I have heard that—but it is perfectly reasona...
Nigel Don (Angus North and Mearns) (SNP) SNP Committee
27 Jan 2016
Administration of the Scottish Rate of Income Tax 2014-15
Good morning. Sir Amyas, I would like to ask you about your memorandum of understanding with the Auditor General. It tells me a story, which I think is correct. In paragraph 5, you say that Audit Scotland does not “have any statutory right of access” to HMRC data. Equally, a...
The Convener (Nigel Don) SNP Committee
10 Mar 2016
Land Reform (Scotland) Bill: After Stage 2
I welcome members to the 11th meeting in 2016 of the Delegated Powers and Law Reform Committee. As always, I ask members to switch off mobile phones, please. Agenda item 1 is consideration of the delegated powers provisions in the Land Reform (Scotland) Bill as amended at sta...
The Convener SNP Committee
21 Jun 2011
Instrument not laid before the Parliament
As members will note from the legal brief, our legal advisers have highlighted the following drafting errors in the act of adjournal.First, certain forms indicate that applications for orders can be made to courts that do not have jurisdiction in relation to such proceedings.S...
The Convener SNP Committee
24 Jan 2012
Criminal Cases (Punishment and Review) (Scotland) Bill: Stage 1
I think that it is clear to our legal advisers that, as currently drafted, the intention seems to be very wide, which may be inappropriate and unintended.Do we agree to ask the Scottish Government what sort of provision it envisages may be required in section 5, on commencemen...
The Convener SNP Committee
20 Nov 2012
Social Care (Self-directed Support) (Scotland) Bill: After Stage 2
Item 4 is consideration of the delegated powers provisions in the bill after stage 2. Members will have noted that the Scottish Government has provided a revised delegated powers memorandum and members will have seen the briefing paper and the draft report. Stage 3 considerati...
The Convener SNP Committee
02 Oct 2012
Water Resources (Scotland) Bill: Stage 1
Section 14 gives the Scottish ministers the power to suspend or revoke an approval for large-scale water abstraction and to prescribe other circumstances in which they might suspend or revoke an approval.Do we agree to draw it to ministers’ attention that the effect of prescri...
The Convener SNP Committee
07 May 2013
Aquaculture and Fisheries (Scotland) Bill: After Stage 2
Agenda item 4 is consideration of the delegated powers provisions in the Aquaculture and Fisheries (Scotland) Bill after stage 2. Members will have noted that the Scottish Government has provided a supplementary delegated powers memorandum and will have seen the draft report a...
The Convener SNP Committee
05 Nov 2013
Procurement Reform (Scotland) Bill: Stage 1
Section 22(1) provides that the Scottish ministers may, by regulations, require a contracting authority to exclude an economic operator from a regulated procurement process—except for an EU-regulated procurement—if the operator or certain other persons have been convicted of a...
The Convener SNP Committee
25 Feb 2014
Disabled Persons’ Parking Badges (Scotland) Bill: Stage 1
We come to agenda item 4, under which the committee will consider the delegated powers in the bill at stage 1.The committee is invited to agree the questions on the bill’s delegated powers that it wishes to ask the member in charge of the bill. It is suggested that those quest...
The Convener SNP Committee
13 May 2014
Instruments subject to Negative Procedure
The order contains a drafting error in paragraph 2(3) of the schedule, which provides for the substitution of text in paragraph 6 of schedule 4 to the Looked After Children (Scotland) Regulations 2009 (SSI 2009/210). The text has already been substituted by virtue of paragraph...
The Convener SNP Committee
02 Dec 2014
Food (Scotland) Bill: After Stage 2
Item 7 is consideration of the delegated powers provisions in the Food (Scotland) Bill after stage 2. Members will have noted that the Scottish Government has provided a supplementary delegated powers memorandum, and they will have seen the briefing paper. Stage 3 considerat...
The Convener (Nigel Don) SNP Committee
06 Jan 2015
Instruments subject to Negative Procedure
I welcome members to the first meeting in 2015 of the Delegated Powers and Law Reform Committee. As always, I ask everyone to switch off mobile phones. The purpose of these amendment regulations is to amend an error in the schedule to the Conservation of Salmon (Annual Close ...
The Convener SNP Committee
01 Dec 2015
Bankruptcy (Scotland) Bill: Stage 1
Agenda item 4 is for the committee to consider whether the consolidation in parts 9 to 14 of the Bankruptcy (Scotland) Bill correctly restates the enactments that will be consolidated and whether the consolidation is clear, coherent and consistent. The committee is invited to ...
The Convener SNP Committee
08 Dec 2015
Bankruptcy (Scotland) Bill: Stage 1
Agenda item 2 is for the committee to consider whether the consolidation in parts 15 to 18 of the Bankruptcy (Scotland) Bill, together with the schedules to the bill, correctly restates the enactments that are being consolidated and whether the consolidation is clear, coherent...
The Convener SNP Committee
26 Jan 2016
Education (Scotland) Bill: After Stage 2
This item is for the committee to consider the delegated powers provisions in the Education (Scotland) Bill as amended at stage 2. The stage 3 debate on the bill will take place on Tuesday 2 February 2016; members should therefore agree their conclusions today. Paragraph 3...
Nigel Don (North East Scotland) (SNP): SNP Chamber
07 May 2009
Community Courts
Despite the rhetoric, it is clear that—perhaps unsurprisingly—there is a great deal of unanimity among members and that we agree that a community court would be a good thing. Experience around the world would seem to indicate that such a court works. We agree fundamentally tha...
The Convener SNP Committee
25 Jun 2013
Tribunals (Scotland) Bill: Stage 1
The purpose of item 4 is to consider the delegated powers in the bill at stage 1. The committee is invited to agree the questions that it wishes to raise with the Scottish Government on the delegated powers in the bill. It is suggested that the questions be asked in written co...
The Convener SNP Committee
04 Nov 2014
Prisoners (Control of Release) (Scotland) Bill: Stage 1
The purpose of agenda item 5 is for the committee to consider the delegated powers in the Prisoners (Control of Release) (Scotland) Bill at stage 1. The committee is invited to agree the questions that it wishes to raise with the Scottish Government on the delegated powers in ...
The Convener SNP Committee
22 Sep 2015
Alcohol (Licensing, Public Health and Criminal Justice) (Scotland) Bill: Stage 1
Agenda item 6 is for the committee to consider the delegated powers provisions in the Alcohol (Licensing, Public Health and Criminal Justice) (Scotland) Bill at stage 1. The committee is invited to agree the questions on the delegated powers that it wishes to raise with the me...
Nigel Don: SNP Committee
17 Mar 2009
New Petitions
I broadly agree with everything that has been said. We have a problem with things that are reserved, and we must tread very carefully. I do not think that we should go down the route of throwing out all such petitions on the basis that they concern reserved matters. It is one ...
Nigel Don (North East Scotland) (SNP): SNP Chamber
05 Nov 2009
Alcohol (Minimum Pricing)
I echo others' comments about the shortness of time available to us for this debate. I do not blame the Tories for raising the subject in a short debate—it is an important matter that we need to discuss—but I am not alone in believing that we do not have enough time to do it j...
Nigel Don (North East Scotland) (SNP) SNP Chamber
24 Mar 2010
Double Jeopardy
Members will not be surprised to learn that I will address an issue that has not been covered in the debate so far. In doing so, I propose to quote pretty extensively from the Scottish Law Commission report number 218, which we all have available to us.In particular, I want to...
Nigel Don SNP Chamber
10 Jun 2010
Violence Against Men
Forgive me, but there are a few things that I want to cover.Of course, that does not alter the fact that the experience of female victims is very different from the experience of male victims. Walking down the street, one sees an awful lot of black eyes on ladies’ faces and, b...
The Convener SNP Committee
14 Jun 2011
Instruments not laid before the Parliament
As members will note from the legal brief, our legal advisers are of the opinion that the meaning of the instrument could be clearer in so far as it relates to establishing the identity of a current postal service. Given that concern, do members agree to draw the instrument to...
The Convener SNP Committee
21 Jun 2011
Instruments subject to Negative Procedure
As members will note from the legal brief, it has been drawn to the committee’s attention that there has been a failure to follow proper drafting practice, in that article 2(2) of the order duplicates a more general provision in article 2(3), contrary to the presumption that l...
The Convener SNP Committee
21 Jun 2011
Instruments subject to Negative Procedure
As members will note from the legal brief, our legal advisers consider that the reference in the preamble to the regulations to the exercise of powers under section 18(4) of the Local Government and Housing Act 1989 is not appropriate. However, members should also note that th...
The Convener SNP Committee
06 Sep 2011
Instruments subject to Affirmative Procedure
The legal brief notes that there have been failures to follow proper drafting practice. The following specific points are drawn to the committee’s attention: words have been omitted in error from the headnote; the regulations contain an unnecessary extent provision; a word has...
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
It is recommended that the order be drawn to the attention of the Parliament on the general reporting ground. The basis for that recommendation is that there has been a failure to follow proper drafting practice. While the repeal provision in section 138(2) of the 2009 act has...
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
As members will have noted from the legal brief, the order does not follow the convention that the provisions that it brings into force should be brought into force at least 10 days after the laying of the order. The main reason for the convention is that a sufficient minimum ...
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
The order was laid to correct the Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No 1) Order 2011 (SSI 2011/279). It was not laid before coming into force, as required by section 30(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, and as...
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
Members should note the following failures to follow proper drafting practice with regard to the order. While the repeal provisions in sections 139(1) and 143(2) of the 2009 act have been brought into force, the corresponding provisions in part 5 of schedule 7 to the 2009 act ...
The Convener SNP Committee
06 Sep 2011
Instruments not subject to Parliamentary Procedure
As members will note from the legal brief, the instrument was not laid before the Scottish Parliament before it came into force, as required by section 30(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Given the breach of section 30(2), does the committee...
The Convener SNP Committee
13 Sep 2011
Instruments subject to Negative Procedure
As members will note from the legal brief, the regulations were not laid before the Scottish Parliament before they came into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Given the breach of section 28(2), does the commi...
The Convener (Nigel Don) SNP Committee
27 Sep 2011
Instruments subject to Affirmative Procedure
Good afternoon, members, and welcome to the sixth meeting of the Subordinate Legislation Committee in the fourth parliamentary session. As usual, I ask everyone to ensure that they have switched off their mobile phones.The first item on the agenda is consideration of instrumen...
The Convener SNP Committee
27 Sep 2011
Instruments subject to Affirmative Procedure
Thank you for that question. It is not the immediate question that I had asked, but we might well pick up the point later.Members will note from the aforementioned legal brief that two further points arise on the draft order. First, in article 5(3)(a), the reference to paragra...
The Convener SNP Committee
27 Sep 2011
Instruments subject to Negative Procedure
It is suggested in the legal brief that the regulations be drawn to the Parliament’s attention on reporting ground (h) in respect of the erroneous reference to “operator” in regulation 6, where it inserts new regulation 10(3) into the Marketing of Horticultural Produce (Scotla...
The Convener SNP Committee
27 Sep 2011
Instruments subject to Negative Procedure
As members will note from the legal brief, the order was not laid before the Scottish Parliament at least 28 days before it came into force, as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Given the breach of section 28(2), does t...
The Convener SNP Committee
27 Sep 2011
Instruments not subject to Parliamentary Procedure
The legal brief notes that whether article 3(2) of the order is intra vires in so far as it relates to notices is in doubt. The article provides that notices may be issued otherwise than in writing in some circumstances, whereas section 83(1) of the Animal Health Act 1981 requ...
The Convener SNP Committee
15 Nov 2011
Instruments subject to Negative Procedure
Does the committee agree to draw the order to the Parliament’s attention on reporting ground (h), that the meaning could be better expressed?Members indicated agreement.
The Convener SNP Committee
15 Nov 2011
Instruments subject to Negative Procedure
The legal brief identifies that there has been a failure to follow proper drafting practice, as section 28 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 has not been cited as an enabling power in the preamble. However, that does not appear to af...
The Convener SNP Committee
20 Sep 2011
Instrument subject to Affirmative Procedure
We turn to item 1 on our agenda. Members will note from the legal brief that there has been a failure to follow proper drafting practice, as the title of the regulations does not indicate that it amends the Storage of Carbon Dioxide (Licensing etc) (Scotland) Regulations 2011 ...
The Convener SNP Committee
20 Sep 2011
Instrument subject to Affirmative Procedure
Members should also note from the legal brief that the regulations appear to be defective. Regulation 18(1)(c) of the principal regulations, which is inserted by the draft regulations, creates an offence that may be committed either knowingly or recklessly. However, the offenc...
The Convener SNP Committee
20 Sep 2011
Instruments subject to Negative Procedure
As members will note from the legal brief, the regulations were not laid before the Scottish Parliament at least 28 days before they came into force as required by section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. Given that breach, does the commi...
The Convener SNP Committee
20 Sep 2011
Instruments subject to Negative Procedure
As for the explanation for the breach of section 28(2), the committee may wish to consider whether the breach could have been avoided had there been better planning of the regulations, especially if we take into account the fact that directive 2010/59/EU, which the regulations...
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Committee

Delegated Powers and Law Reform Committee 18 March 2014

18 Mar 2014 · S4 · Delegated Powers and Law Reform Committee
Item of business
Instruments subject to Negative Procedure
Town and Country Planning (Hazardous Substances) (Scotland) Amendment Regulations 2014 (SSI 2014/51)
Don, Nigel SNP Angus North and Mearns Watch on SPTV
Our legal advisers have suggested that the committee may wish to draw the following matter to the attention of the lead committee considering the regulations. The regulations come into force on 29 March 2014. Article 31 of directive 2012/18/EU on the control of major accident hazards involving dangerous substances provides that article 30, which the regulations implement, required to be transposed into domestic law by 14 February 2014. Directive 2012/18/EU was published in July 2012. The explanation provided by the Scottish Government for the relatively short delay in transposing the European Union requirements is that there were competing resource pressures within the policy department when the regulations were due to be laid. There was also a need to liaise with the Health and Safety Executive and the United Kingdom Administrations on the outcome of consultations on the proposals that precluded a substantially earlier transposition date. The committee may wish to draw another matter to the attention of the lead committee. Regulation 3 has effect in the situation in which, as a result of the change in the treatment of heavy fuel oil that is effected by the regulations, a person who does not presently need a hazardous substances consent would require consent immediately from 29 March 2014. Regulation 3 provides for a transitional exemption from enforcement procedures for a six-month period, if the conditions for exemption are met, to enable the persons who are affected to make an application for consent.The committee may consider that the need for the exemption period to operate from 29 March until 28 September 2014 might have been avoided, had the regulations been made sufficiently in advance of 14 February for affected persons to have obtained consent in time for article 30 of directive 2012/18/EU being transposed into Scots law. The need for the exemption period, which provides transitional immunity from prosecution and contravention proceedings, results from the regulations being laid before the Parliament on 27 February, with a coming-into-force date of 29 March, rather than their being planned and co-ordinated to meet the transposition deadline of 14 February.If members have no comments, does the committee agree to draw those matters to the attention of the lead committee for the regulations?Members indicated agreement.

In the same item of business

The Convener SNP
Our legal advisers have suggested that the committee may wish to draw the following matter to the attention of the lead committee considering the regulations...