Holyrood Regulatory Committee warns Brexit could impact their work
Holyood's Delegated Powers and Law Reform Committee deals with secondary legislation, such as Scottish Statutory Instruments
MSPs charged with analysing parliamentary regulations are warning ministers the UK’s exit from the EU could impact upon their work.
Holyood's Delegated Powers and Law Reform Committee deals with secondary legislation, such as Scottish Statutory Instruments (SSIs).
It dealt with 252 of these in 2016-17, down from 422 in 2014-15, and its annual report said members had not been able to identify the reason for the fall.
If the drop in SSIs is because some had been delayed, resulting in “significantly more” to come in the future, then “this is a matter of concern to the committee”, the report added.
The European Union (Withdrawal) Bill going through Westminster contains the “potential for large numbers of SSIs to be made” as powers are transferred back from Brussels.
MSPs said in their report: “It is particularly concerning if the result is that large numbers of instruments are laid in parallel with the laying of instruments arising from the UK's withdrawal from the European Union.
“Were this to occur then it could have a deleterious effect on the ability of this committee and the Parliament more generally to undertake effective scrutiny of all instruments.”
The committee noted the “potential for large numbers of instruments to be laid relating to devolved areas” and said it was willing to work with both the UK and Scottish governments “to ensure such instruments can be laid and considered in a managed way that is conducive to effective scrutiny”.
Committee convener Graham Simpson said: “The committee has seen significant improvements to the quality of legislation laid by the Scottish Government but there is also a marked reduction in the number of instruments laid.
“We want assurances this reduction is a result of improvements in programming rather than delays in drafting.
“The European Union (Withdrawal) Bill will undoubtedly generate a surge in secondary legislation.
“We are calling on the Scottish Government to work with us, to agree processes that will ensure that the quality of legislation and the scrutiny afforded to it is maintained in these exceptional circumstances.