I thank you for the invitation to attend, convener.
As you indicated, we are moving to a new level and area of scrutiny, and I am pleased that we are doing so. My opening statement will deal with the ministerial statement of 24 November; the Coronavirus Act 2020 (Suspension: Adult Social Care) (Scotland) Regulations 2020; and the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 5) Regulations 2020. I shall refer to the No 3 and No 4 regulations as well. I hope to cover all those areas with clarity, despite the fact that there are so many bits to discuss.
I turn first to the ministerial statement. As the committee knows, the allocation of levels to local authority areas under the strategic framework is reviewed weekly. On Tuesday, the First Minister set out in her statement to Parliament the outcome of the third review. The reviews seek to manage the prevalence of Covid-19 in such a way as to suppress infections to the lowest possible level and keep them there, while mitigating the other health, social and economic harms that Covid, and the restrictions that are required to protect us from it, can—and do—cause. The reviews consider a range of data, local knowledge and intelligence on Covid in our different communities, and look ahead at the capabilities of the national health service to support Covid patients and to deal with other winter pressures.
As the First Minister said in Parliament on Tuesday, the national picture shows a stabilisation in the number of new cases across the country and evidence of a decline in projected pressures on NHS capacity. Every local authority is now indicating a “low” level of concern with regard to the projected use of hospital and intensive care beds. That is excellent progress, and it is vital that it is maintained if we are to meet the inevitable challenges of the winter season.
However, that picture masks some regional variation. As such, we have continued to take a cautious approach that reflects the fragility of the situation that we face and the fact that there is, as yet, no sustained evidence that we are changing the overall course of the pandemic.? The specific outcome of this week’s review is, therefore, that no additional changes to the existing levels were recommended. The next scheduled review will be on? 1 December, although the Government reserves the right to bring forward new regulations for one or more local authority areas, as and when the situation demands.
We remain confident that, with authority areas allocated to the appropriate levels, the measures that are in place for each level will impact positively on the course of the pandemic. However, that may take some time, and it will also have to take account of the temporary four-nation festive exemptions for meeting other households, which were announced yesterday. Guidance for that will be published shortly—later today, I believe.
I will turn shortly to the Coronavirus Act 2020 (Suspension: Adult Social Care) (Scotland) Regulations 2020, but first I will say something about the No 3 and No 4 regulations, which were announced last week. As a result of the continuation of some worrying data and trends, those regulations placed a number of areas in level 4. The Scottish Government intends that those tougher measures will last until 11 December, but we will continue to review all areas of Scotland weekly.
The regulations moved one area of Scotland—East Lothian—down from level 3 to level 2. I hope that that change sends a message to everyone that it is possible to move down a level if we continue to pull together and stick by the restrictions and guidance. Unfortunately, the position in Midlothian has not been so positive. Since the last review, there has been a concerning rise in cases—an increase of 50 per cent—and in test positivity. As a precaution, taking into account clinical and public health advice, the Cabinet took the decision that it would not, at this time, be appropriate to move Midlothian to level 2, and it will therefore remain at level 3. That position will continue to be reviewed as part of the weekly process, and we will engage closely with the local authority on its plans to reverse the increase.
The regulations also put travel restrictions into law. Those restrictions prohibit individuals from entering or leaving a local authority area that is in level 3 or 4, unless they have a reasonable excuse for doing so. That is important in ensuring that we limit transmission from one area to another as much as we can. I am pleased to report that initial indications over the weekend have shown that those regulations are being rigorously observed.
The Scottish Government provided the committee yesterday with the draft No 5 regulations, which we intend to make and lay later today; I look forward to hearing the committee’s views on them. They will ensure that students are able to leave their current place of residence at the end of term and return to a family home or other place of residence over the break. The regulations will come into effect tomorrow, Friday 27 November.
On the Coronavirus Act 2020 (Suspension: Adult Social Care) (Scotland) Regulations 2020, I point out for context that the next reporting period under the coronavirus acts ends on Monday, and we will bring forward a report within the fortnight—or rather, within 12 days, which I think is the period required by statute.
Sections 16 and 17 of the Coronavirus Act 2020 allow local authorities to dispense with particular social care assessment duties where
“it would not be practical to comply with”
them, or where
“to do so would cause unnecessary delay in providing community care services to any person.”
The provisions cover social care for adults and children, and support for carers, and they are intended to allow local authorities to provide urgent care without delay.
In my statement on the third report to Parliament, I announced our plan for secondary legislation to suspend the use of those powers in respect of adult services while continuing to give local authorities the option to use them in respect of children’s services. Those regulations, which were laid in Parliament on 16 November, partially suspend the operation of section 16 of the Coronavirus Act 2020 in so far as it relates to adult social care and adult carers. That means that the suspended provisions no longer have effect in Scotland but are capable of being brought back into effect through further regulations, should our response to the pandemic require it. The order will mean that the suspension comes into effect on Monday 30 November.
As the convener said, the regulation is classed as “laid, no procedure”. However, I am happy to answer any questions on it, and I am sure that the chief social work adviser will be happy to do so too.
I am sorry that that explanation was slightly lengthy, convener, but it lays out what we have to consider today.