Review of the Presiding Officer's determination to identify a Scottish Law Commission Bill as defined in Rule 9.17A of Standing Orders
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Executive Summary

Proposed revised Presiding Officer's determination

The Committee recommends the Presiding Officer's determination is revised from the beginning of Session 6 to read:

"The Presiding Officer has determined under Rule 9.17A.1(b) that a Scottish Law Commission Bill is a Bill within the legislative competence of the Scottish Parliament the primary purpose of which is to—

(a) simplify, modernise or improve the law to—

(i) ensure it is fit for purpose,

(ii) respond to developments, or address deficiencies, in the common law, or

(iii) respond to other developments in the law

(b) make provision which is not likely to generate substantial controversy among stakeholders.

Consideration should also be given by the Parliamentary Bureau to whether there are any wider legislative proposals expected within two years beginning with the date of introduction of the Bill (or by the end of the same session if sooner), which relate closely to the same particular aspect of law as the Bill. Where further legislation is expected, regard should be had to whether scrutiny of the overall proposed law change would be aided by both pieces of legislation being referred to the committee that would be designated lead committee were Rule 6.11.1(g) not to apply."

It is recommended that the Session 6 DPLR Committee should review the operation of the revised determination at a suitable point during the session.

Wider work of the SLC Bills Working Group

Scottish Government's proposal to implement Scottish Law Commission reports over a full parliamentary session

The Committee welcomes the potential benefits contained within this proposal. It therefore recommends that the Scottish Law Commission and Scottish Government pursue potential synergies for future work programmes. It also suggests that any announcement of a programme of Bills stemming from Scottish Law Commission reports happens mid-way through a session, so that the programme spans parliamentary sessions.

How the Scottish Law Commission and Scottish Government might liaise more closely together in the future to prepare Bills stemming from Commission reports

The Committee sees real benefits in such an approach and welcomes the Scottish Law Commission and Scottish Government's thinking in this area. It therefore recommends that further discussions between the SLC and Scottish Government take place in the coming months to review the internal processes to remove unnecessary duplication of effort. The Committee would not however wish to see such joint working lead to any dilution of the Scottish Law Commission's independence.

Other areas of work

The Committee recommends that the Scottish Government write to the Committee within three months of receiving a report from the Scottish Law Commission. As well as highlighting the SLC's work, the update would include the Scottish Government's initial plans for how it might look to implement the report's findings including when it might bring forward any related legislation.

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Last Updated: 13/2 3:16am