There are various powers in the bill that can be switched on and off, and there is a procedure in the bill to allow that to happen. The switching on depends on certain things happening or being said. For example, the
“powers to issue directions relating to events, gatherings and premises”
requires a declaration to be made that
“the incidence or transmission of coronavirus constitutes a serious and imminent threat to public health in Scotland”
and that
“the powers conferred ... will be an effective means of—
(i) preventing, protecting against, delaying or otherwise controlling”
the situation.
The chief medical officer must be consulted before the declaration is made. The declaration must be published on the Scottish Government website and in the Edinburgh Gazette, and that starts a public health response period. Various conditions require to be met. Most of that can take place on the same day, and most will take place on the same day, because I am absolutely certain that, once the bill is passed, and because we are in a period of transmission of coronavirus that constitutes a
“serious and imminent threat to public health”,
that is precisely what will happen. If the chief medical officer says that we have moved out of that period, and ministers agree, that power will be switched off. However, there is a mechanism for switching that power on and off, and it is perfectly possible that it will be required.
Under the health protection regulations, which involve a very wide power in the bill, regulations have to be made under the affirmative procedure. Regulations will be laid and there will be 28 days until they have to be approved. If they are not approved within 28 days, they automatically lapse.
Within the bill, there are various steps that can be taken at various times, and they are clear within each area. Some powers can be used immediately after royal assent, which we anticipate will probably be on Wednesday or Thursday—the timing has been brought forward. The House of Commons passed the bill yesterday. We will debate and hopefully pass the legislative consent motion today. The House of Lords will, I think, meet today and tomorrow, and it is hoped that there will be royal assent tomorrow. The powers in the bill will then come into effect; some of them can be used immediately and some will require action.
In terms of the most vulnerable people, mental health is an issue that Angela Constance knows much more about than I do—she is a much greater expert than I am in these matters. There are provisions on mental health in the bill that are severe in terms of what could happen. The intention is that those powers will be used only when there is a shortage of staff, and when the system could not operate unless alternative powers were available. However, it would be a very sparing use of the powers. That is part of the reporting process. I would expect that we would want to—and should—report when those powers have been used, so that we are aware that they are being used, and so that they are examined in all the circumstances. I give a commitment that we will endeavour to do so. However, we recognise that this is a time of extraordinary difficulty and that the human rights legislation allows actions to be taken at such times, provided that we are all aware that the situation is special and that it does not last for a prolonged period.