Seòmar agus comataidhean

The Constitution, Europe, External Affairs and Culture Committee has looked at that in some detail. It published a report on the impact of the post-EU, post-Brexit environment on devolution and we responded to that. To go back to the point that I just made, we will press that with the UK Government, but we have acknowledged that Parliament should have the opportunity for effective scrutiny of all legislative powers within our devolved competence, so we share that committee’s perspective.

Some practical issues arise from the need for the UK Government to agree to co-operate with any arrangement that has a wider scope than the existing protocol which, we must remind ourselves, is between this Government and the Scottish Parliament and to which the UK Government is not a direct party. However, the effectiveness of that protocol relies on how the UK Government works in practice. As the Cabinet Secretary for the Constitution, External Affairs and Culture, Angus Robertson is leading on that and is considering how we can best advance that with the UK Government. I know that he will be happy to update the committee about how that goes, just as he will update the Constitution, Europe, External Affairs and Culture Committee.

I refer you to my last answer.

I refer to the answer that I have just given about the general process. That some errors have been identified speaks to the fact that we will not always get it right. Where errors are identified, we seek to try to put in place any remedial action that is necessary to deal with specific instruments. The convener can correct me if I am wrong, but I think that the two instruments that you are referring to are the International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2024 and the Valuation (Proposals Procedure) (Scotland) Amendment Regulations 2024. I will speak to them specifically.

In relation to the former instrument, we plan to rectify the defective drafting by including an amendment provision in the next Scottish immunities and privileges order. Of course, the timing of that depends on the progress of two United Kingdom orders, which is not entirely in our hands. It would also require equivalent Scottish orders, which are in our hands, but are still reliant on the UK process. We will keep the committee updated on that.

On the latter instrument, although the issues that have been identified have no bearing on the validity of the instrument that we intend to bring forward, we would seek to amend regulations at the next suitable opportunity, taking into consideration any other amendments that might be required. We would seek to do that in advance of the intended cut-off date for making a proposal in reliance on the relevant section of the Local Government (Scotland) Act 1975. In effect, that date is at the end of the parliamentary year—I beg your pardon, it would be at the end of the parliamentary session, which will be the end of March 2026.

I hope that that is an indication that we are aware of the concerns about the respective orders that you have identified and that we are cognisant of the need to rectify them. In relation to the general process, I go back to my initial answer. Of course, we are always open to hearing about other things that we could do. If the committee’s experience is such that you feel that there are additional steps or measures that we could take to quality assure our process, we would be more than happy to hear your suggestions on that.

I recognise that there has been a very public debate around the National Care Service (Scotland) Bill in particular. Substantial parts of it have to be determined by secondary legislation. Whether I would consider it to be a framework bill without any standardised, recognised and agreed definition of a framework bill is another thing.

I am sure that I must have answered with more panache and élan than the previous incumbent of my office.

I certainly hope it will be complete by then.

I do not know when in 2025 the committee will invite me, but depending on when it is, I hope that I will be able to say that we are further down the line.

It should be resolved by the order. The key thing is that when we come to the next budget, we do not revert to making the same error.

First, I am sure that we would all be delighted to know Mr Johnson’s undisclosed location, but it is up to him whether he discloses that information to us.

With regard to the new leases (automatic continuation etc) (Scotland) bill that we have committed to introduce, I do not have a specific date for the committee just now—as ever, that is contingent on the progression of the rest of our legislative programme. I can say that I hope that it will be a nice festive gift for the committee, but I make no promises as to whether that will come to pass. I expect that the bill should come to the committee under the agreement that was made when standing orders were changed to enable the committee to consider Scottish Law Commission bills.

On the question of why that particular bill is being brought forward, it is partly—to be candid—on the basis that the bill is more ready than others are. That being the case, why wait? Let us introduce it and get it done. In addition, we have identified that the aims of the bill are in line with the Government’s wider ambitions, hopes and aspirations for the economy, so it neatly ties in with that. As with all such matters, there is a backlog that we need to work through, and if some bills are more ready to go than others, we will bring those forward.

You ask what assurance I can give about there not being more SSIs. In the programme, that is determined by what is required. Your fundamental point, I suppose, is about what we can do to ensure that the number of SSIs in which you identify serious issues is reduced. I can only go back to the point that I have made before—a process is in place. I recognise that it will not always suffice. It will not always work. Things go wrong. To err is to be human, and humans are involved in the process.

I would make the point that that is why we have parliamentary scrutiny. If this committee identifies anything that is defective or needs improvement, it is incumbent on us to take that away and make those improvements. All I can stress is that I understand the necessity of making sure that SSIs are of as high a quality as possible. If I get any sense that there is slippage in that, I will use the power of my office to make sure that, across Government, we emphasise the requirement for SSIs to be of a high quality. I recognise—I think that we all recognise—that a problem will on occasion happen, but I do not want that to be a regular occurrence or a feature of the system. I want to hear from the committee that the numbers are greatly reduced. That is where I want to land.

I go back to the point that I made: I am more than willing to hear about things that the committee thinks could further improve and refine the process.