Chamber and committees

Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No 4) Regulations 2021

Letter from the Minister for Parliamentary Business to the Convener, 26 November 2021

Dear Convener,

On 23 November the First Minister announced that the Covid Certification scheme will be amended so that it will be possible to access venues or events covered by the scheme by showing either proof of vaccination, as now, or a recent negative test result. Doing so will ensure that the scheme remains proportionate. It will mean that people currently excluded from the scheme because they are not fully protected by vaccination for a variety of reasons will have an alternative means to gain entry and Scottish Ministers therefore consider it necessary to implement this change as quickly as possible, from 6 December. This timescale does not facilitate following the normal scrutiny timescale for draft affirmative procedure.

The Government remains aware of the concerns expressed by your Committee and others within Parliament about Ministers’ use of the made affirmative procedure for regulations relating to coronavirus. The Government has previously explained that management of the pandemic may give rise to the need for regulations to be made under made affirmative procedure given the urgency for making such regulations. However, the Government has also said that it would continue to assess whether circumstances may enable regulations to be laid and subject to the affirmative procedure if an expedited scrutiny process can be agreed with the Parliament.

As regards the Health Protection (Coronavirus)(Requirements)(Scotland) Amendment (No 4) Regulations 2021 my officials have been in discussion with your clerks about progressing the regulations under the draft affirmative procedure to the following timetable: 

• Monday 29th November – laying of draft affirmative regulations 
• Tuesday 30th November – DPLRC scrutiny 
• Thursday 2nd December – Covid-19 Recovery Committee scrutiny 
• Thursday 2nd December – plenary vote 
• Monday 6th December – SSI comes into force (subject to the plenary vote)

I should be grateful for confirmation that your Committees will be able to facilitate scrutiny of the regulations to that timetable on this occasion.

I should wish to make clear that whatever arrangements may be agreeable to Parliament on this occasion does not in any way imply any precedent for any future regulations necessarily following a similar scrutiny pattern. The Government will continue to assess the pandemic as it develops and, in the event of any legislative action being deemed necessary, identify the timescale for such provision to come into force and then consider what procedure to apply. 

Yours sincerely
George Adam