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Chamber and committees

Health and Sport Committee

Subordinate legislation considered by the Health and Sport Committee on 8 September 2020

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Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 10) Regulations 2020 (SSI/ 2020/252)

  1. Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 10) Regulations 2020 (SSI/ 2020/252) were laid before the Parliament on 21 August 2020 and referred to the Health and Sport Committee.

  1. They are laid under section 94(1) (International Travel) of the Public Health etc. (Scotland) Act 2008. Section 122(5) of the 2008 Act states that regulations under section 94(1) are subject to the affirmative procedure. However, section 122(6) provides that the affirmative procedure will not apply if the Scottish Ministers consider that the regulations need to be made urgently. In such situations section 122(7) applies.

  1. At its meeting on 1 September 2020, the Delegated Powers and Law Reform Committee considered the instrument and determined that it did not need to draw the attention of the Parliament to the instrument on any grounds within its remit.

  1. It is for the Health and Sport Committee to recommend to the Parliament whether the Regulations should be approved.

  1. The Cabinet Secretary for Justice, Humza Yousaf MSP, has, by motion S5M-22521, proposed that the Committee recommends approval of the Regulations.

  1. At its meeting on the 8 September 2020, the Committee took evidence on the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 10) Regulations 2020 (SSI/ 2020/252) from—

    • Humza Yousaf, Cabinet Secretary for Justice;

    • Rachel Sunderland, Deputy Director, Population and Migration Division;

    • Jamie MacDougall, Deputy Director, Test and Protect Portfolio; and

    • Anita Popplestone, Head of Police Complaints and Scrutiny, all Scottish Government.

  1. Following the evidence session, Humza Yousaf moved motion S5M-22521—

    That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 10) Regulations 2020 (SSI/ 2020/252) be approved.

  1. The motion was agreed to.

  1. The evidence taken and debate held at that meeting on this instrument can be found in the Official Report (when available) at the following link:

  1. The Health and Sport Committee recommends to Parliament that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No. 10) Regulations 2020 (SSI/ 2020/252) be approved.

Matters drawn to the attention of Parliament

  1. Following our letter to the Cabinet Secretary for Justice dated 27 August 2020, and his response dated 3 September 2020, the Committee received further clarity on a number of the issues discussed in this exchange during our consideration of these regulations.

  1. The Cabinet Secretary committed to seek to expedite weekly publishing of the numbers of people in Scotland required to quarantine, the numbers in quarantine contacted by way of follow up by Public Health Scotland and the numbers of those in quarantine who develop symptoms of Covid-19 and return a positive test.

  1. The Cabinet Secretary also reaffirmed his intention to consider a regional approach to the inclusion and removal of countries from the exempt list, where this is appropriate, indicating that alignment across all four UK nations remains the ambition in circumstances where local conditions in each nation make this appropriate.

  1. The Cabinet Secretary committed to making available the weekly number of passengers required to quarantine who transit to Scotland after arrival by ferry at other UK ports or through the Channel Tunnel.