Contents
- Attendance
- Scottish Trauma Network
- Provisional Common Framework on Food and Feed Safety and Hygiene
- Subordinate Legislation
- Petitions
Subordinate Legislation
Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) (No 2) Regulations 2020 (SSI 2020/444)
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 25) Regulations 2020 (SSI 2020/474)
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2021 (SSI 2021/5)
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 2) Regulations 2021 (SSI 2021/6)
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 3) Regulations 2021 (SSI 2021/7)
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 4) Regulations 2021 (SSI 2021/19)
Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 5) Regulations 2021 (SSI 2021/21)
Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 (SSI 2021/20)
We move to items 3 and 4 on the agenda, which are consideration of made affirmative instruments that, once again, relate to international travel in the context of the coronavirus. On this occasion, we have a total of eight sets of regulations in front of us, which the Cabinet Secretary for Transport, Infrastructure and Connectivity will describe in due course.
We will have a single evidence session on the instruments with the cabinet secretary and his officials, and then we will have two formal debates on the motions. The first will be a joint debate on the instruments relating to the removal and addition of specified countries and territories and, ultimately, the removal of all overseas countries and territories from the exemption list; the second will be a debate on the new scheme for pre-departure testing of passengers travelling to Scotland.
I welcome Michael Matheson, Cabinet Secretary for Transport, Infrastructure and Connectivity. On this occasion, he is accompanied by three officials from the Scottish Government. Craig Thomson is the border measures review team leader, David Pratt is policy lead for the health performance and delivery team, and Peter Brown is from the police enforcement, liaison and performance team.
Thank you for joining us again today, cabinet secretary. As you will have heard, we intend to deal with these agenda items in a way that allows us to ask questions on all the Scottish statutory instruments at the outset before having two separate debates covering the separate areas.
You may wish to make a short statement to introduce the regulations and describe their content.
The regulations that the committee is considering today make a significant number of changes over a short period of time.
The Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) (No 2) Regulations 2020 (SSI 2020/444) was the last of the regular weekly country exemption changes of 2020. The four nations agreed to pause that process over the festive break, with an emergency escalation route put in place. That was put into effect shortly before Christmas, with the identification of a concerning variant in South Africa. The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 25) Regulations 2020 (SSI 2020/474) therefore placed additional restrictions on travel from South Africa. Those were the same as the measures that were used in response to the Denmark variant, and they included the removal of sectoral exemptions and a requirement on households to isolate. We then extended those additional restrictions to a range of countries in the southern Africa region, through the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2021 (SSI 2021/5), following further advice from the joint biosecurity centre.
Early in January, we were faced with a significant number of cases coming back from Dubai, which we picked up in the test and protect data for Scotland. In addition to conducting our own investigations, we alerted the JBC on the Friday afternoon, and it began to examine the issue within the wider UK context. By the Sunday, it was clear that we needed to act in Scotland’s interests in order to deal with the increasing numbers. On the advice of the chief medical officer, we took targeted action to remove Dubai from the exemption list. That is dealt with in the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 2) Regulations 2021 (SSI 2021/6).
The JBC then convened a full risk assessment of the United Arab Emirates on the Monday morning and recommended that the UAE should be removed from travel corridors immediately. We aligned with the other nations by extending our existing targeted measures to take all of the UAE out of the exemption list. That was dealt with in the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 3) Regulations 2021 (SSI 2021/7).
The Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 4) Regulations 2021 (SSI 2021/19) relate to risks from new variants. A new concerning variant was identified in Brazil and Argentina. All four UK nations placed additional restrictions on travel from South America and Portugal, based on a risk assessment by the JBC.
The speed of those changes and the rate at which new variants are emerging meant that we had to re-examine the existing processes. The JBC has told us that the data is not available to allow it to adequately locate and assess risk from new variants. The country exemption process is, therefore, not fit for purpose, which led to the decision, through the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 5) Regulations 2021 (SSI 2021/21), to remove all countries and territories from the exemption list.
Finally, the Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 (SSI 2021/20) deal with the introduction of pre-departure testing, which requires anyone travelling to Scotland to have a negative test result a maximum of 72 hours before starting their journey back to Scotland. Test results will be checked by those operating flights or any other form of transportation into Scotland, as well as by Border Force at the point of entry to the country. Those measures are provided for by SSI 2021/20, which is now in effect in Scotland.
We will proceed to questions. Committee members should indicate that they want to ask a question by typing R in the chat box. I will start.
Given the changes that have been made and the ending of the country exemption arrangements, what will happen in situations where citizens are stranded abroad? What support will they be given and what actions will be taken to enable them to return?
The requirement is that the operator of a flight, for example, is required to ensure that individuals have the appropriate certification of a negative test before they are allowed to board the flight. Should an individual not have that certification, they will not be allowed to board the flight, and the legal responsibility rests with the operator to ensure that that happens. Should someone have difficulty—there are some countries where it may be difficult to access the appropriate level of pre-departure testing—there are some very limited exemptions in the regulations to take account of that. Anyone who is travelling internationally should be doing so only if it is absolutely essential, and it is important that anyone who is travelling makes arrangements to ensure that they have access to a test prior to returning. It is incumbent on individual travellers to ensure that they have adequate arrangements in place to have the test conducted and completed prior to starting their journey back to Scotland.
The approach to enforcement of many of the regulations relating to quarantine arrangements or requirements placed on travellers that the committee considered in 2020 was perhaps best described as “light touch”. Given the tougher approach to travelling in and out of the country now, what is the Scottish Government planning for the enforcement of quarantine when travellers return to the country in the next few weeks?
You raise an important point. We have already started to take action on that issue. One example is the approach that is being taken by the national contact tracing centre. Anyone returning from a high-risk country, such as South Africa or countries in South America, is prioritised for contact by email and phone on their return to Scotland. We are also looking at scaling up the number of individuals who are directly contacted once they return to Scotland. You will be aware that the national contact tracing centre has been contacting around 2,000 individuals each week on their return to Scotland. We are looking at directly contacting by phone all individuals returning to Scotland from international travel. The national contact tracing centre has already started the process of ramping up its services. Last week, it reached more than half of those who returned to the country, which reflects the increasing priority that we are placing on the need for the centre to contact those returning from international travel. We are assessing what additional capacity will be needed to ensure that everyone is contacted directly on their return.
12:15We are looking at what measures we can put in place to enhance compliance with self-isolation, such as the work that we are taking forward on the introduction of what are often referred to as quarantine hotels. We have been discussing that measure with the UK Government and we are assessing the most appropriate and effective model to implement in Scotland.
In addition, we are considering whether we could use some form of technology to assist us in improving compliance with any period of self-isolation that an individual has to complete at home. For example, we are looking at the existing test and protect app to see whether it can be amended to help us to engage with individuals during their period of self-isolation following international travel.
A range of work is therefore being taken forward to look at improving compliance as well as introducing further constrictions to ensure that people comply with any period of self-isolation.
Good morning, cabinet secretary. I have a couple of quick questions. Does it matter whether a pre-boarding negative test is a polymerase chain reaction test or a lateral flow test? Do we know why people do not comply with self-isolation? How would we address that if we use quarantine hotels?
The specificity and sensitivity of the pre-departure test that someone is required to have completed are set out in the regulations. It is close to being a PCR test, so many of the lateral flow tests will be insufficient because they are not sensitive enough, although some of the better-quality lateral flow tests might be compliant. The higher threshold for the specificity and sensitivity of the pre-departure test is set out in the regulations and is close to being the level that is specified in a PCR test.
You asked about quarantine hotels and why people do not comply with self-isolation at present. The basis of non-compliance for many people will probably be because they think that they do not have any symptoms and do not pose any risk, and therefore they choose not to comply with the regulations as they stand. There could be a range of other reasons behind that as well that might be work related or family related, for example, which result in people feeling that they do not wish to, or cannot, comply with the regulations.
However, we have to recognise from the COVID-19 Genomics UK Consortium report that was published at the beginning of December that the introduction of new types of the virus into the country through international travel is a key issue that we need to address effectively if we are to continue to suppress the virus across the whole country. That is why we are looking at measures to enhance compliance through, for example, the app approach and through the introduction of quarantine hotels.
We know that when such measures have been deployed in other parts of the world, they have proven to be effective in ensuring greater compliance and reducing the risk of the importation of the virus. That is why we have been engaging with the UK Government on the matter. I would like to get four-nations agreement on it and align it on a four-nations basis. If we work on the basis of what we are hearing from the UK Government at present, I do not think that that will go far enough. We therefore might have to take further measures in Scotland in order to be satisfied that we have the safeguards that are necessary when it comes to the use of quarantine hotels.
Thank you for that, cabinet secretary. I very much support the SSIs that are before us. I know that the Scottish Parliament does not have the powers to address the issue of international travellers entering the country, but this measure should have been taken a long time ago, particularly given that new variants of the virus are now in Scotland.
I want to know a wee bit more about the timescales for compliance with isolation. Also, do we have a timescale for the introduction of quarantine hotels? In addition, at the end of your comments to Emma Harper, you mentioned that we might have to take additional measures in Scotland if the four nations cannot agree. Can you give us an idea of what those measures could be? I really believe that if we had locked down international travel earlier, we would not be in the position in which we are now.
On the overall compliance with quarantine, I believe that the committee has already considered that issue. It is difficult to provide reliable data on the level of compliance with quarantine where it involves self-isolation at home, because it is difficult to check on each individual. Therefore, we want to look at means by which we can increase compliance with any period of quarantine, hence our consideration of quarantine hotels—and technology—as a means to support that.
On the question about quarantine hotels, as things stand, if we were to decide today that we were going to introduce quarantine hotels, it would probably take about two to three weeks before that became operational. That wold depend on the number of people coming into the country that would have to make use of them.
There is also a particular challenge in that we have a low number of international flights coming into Scotland, at present. Figures from last week show that about 1,000 to 1,500 individuals travelling internationally—largely from Doha and Dubai—to Scotland on direct flights. However, there are an even greater number of individuals from Scotland travelling internationally who are coming in through hubs such as Heathrow. If those people were required to self-isolate as a result of a restriction that we put in place in Scotland, that self-isolation would have to take place at their point of entry into the UK, because it would potentially be unsafe for them to travel from London to Scotland to carry out their period of self-isolation. We would therefore have to engage with the UK Government on a number of operational issues before we could implement that.
However, at this stage, it is unclear exactly how far the UK Government intends to go. I can operate only on the basis of what is in the press and the speculation around that, because the UK Government has not shared the detail of its assessment with us. That is despite our agreeing with the UK Government more than a week ago that we wanted to consider the introduction of quarantine hotels on a four-nations basis. That is disappointing, and it has hampered our ability to ensure that we can adequately engage in the decision-making process on what any final quarantine hotel arrangement might be across the four nations. If the UK Government does not go as far as we believe is necessary, it might be that we will have to take additional steps in Scotland around use of quarantine hotels.
Another aspect that we are considering is reviewing all the existing sectoral exemptions in order to consider whether they remain justified and whether some of them should be closed down—[Inaudible.].
The only other aspect that we are considering is, as I have mentioned, how we can increase compliance with required periods of self-isolation and how those could be reinforced at points of entry into the country.
Thank you for that detailed reply, cabinet secretary.
As members have no further questions, we will move to agenda items 5 to 11, which are the formal debates on seven of the made affirmative instruments on which we have just taken evidence. Those are SSI 2020/444, SSI 2020/474, SSI 2021/5, SSI 2021/6, SSI 2021/7, SSI 2021/19 and SSI 2021/21.
Are members content that we hold a single debate to cover all those instruments?
As no members object, we will hold a single debate.
During the formal debate questions may no longer be asked and officials may not speak, but members will have an opportunity to contribute. I invite the cabinet secretary to move the motions en bloc.
Motions moved,
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) (No 2) Regulations 2020 (SSI 2020/444) be approved.
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 25) Regulations 2020 (SSI 2020/474) be approved.
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2021 (SSI 2021/5) be approved.
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 2) Regulations 2021 (SSI 2021/6) be approved.
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 3) Regulations 2021 (SSI 2021/7) be approved.
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 4) Regulations 2021 (SSI 2021/19) be approved.
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 5) Regulations 2021 (SSI 2021/21) be approved.—[Michael Matheson]
Do any members wish to contribute to the debate?
I will not reiterate my previous points, but I am very concerned, as are many other people, that 1,000 to 1,500 individuals are coming directly to Scotland on international flights. We hope that the plans will go ahead, but I have real concerns about the flights that come into hubs, particularly Heathrow and other airports in that area. I ask the cabinet secretary and his officials to press the Westminster Government, as I know they will, not to allow people on those flights to travel to Scotland without there being a four-nations approach to isolation, and perhaps on hotels, too.
We have to get a grip on the situation. We are now seeing the new variants from South Africa and Brazil—with some cases coming via Dubai in the United Arab Emirates—in the Scottish islands. The measures should have been taken a long time ago to prevent spread of the Covid-19 virus. I reiterate that we must pressure Westminster into saying that people who come in via Heathrow must isolate at the point of entry. We cannot have the virus spreading any further. People are dying, and people are suffering terribly from having to stay in their houses. I make that plea as my contribution to the debate.
I was not planning to contribute, but I have another concern on the back of what Sandra White said about people flying into airports such as Heathrow. I am concerned about people flying into Dublin, for example, which is in the EU, and taking a short drive to the ferry port at Larne or Belfast and then taking a short ferry journey to Scotland. What work is being done, and how are we working together not only on the four-nations approach, but with our neighbours in Ireland to make sure that we continue to protect people, especially as we are seeing the new variants arriving in our islands?
No other members have indicated that they wish to contribute, so I invite Michael Matheson to sum up and respond to the debate.
I am grateful to Sandra White and Emma Harper for their comments. On Sandra White’s concerns around the issue of hubs such as Heathrow and the risks associated with the new variants, my principle concern at present is that, from what I see in the press, the UK Government is considering targeting the use of quarantine hotels at individuals returning from what are viewed as high-risk areas where new variants have been identified—namely, South America and southern parts of Africa.
12:30The challenge with that approach is that the joint biosecurity centre has made it clear that it is not able to assess and advise on where those high-risk areas are until the new variants have been identified. Therefore, in my view, the proposed system would offer only very limited additional protection. That is why we believe that the use of quarantine hotels needs to be extended to a larger group of people who are returning to the country, rather than covering just those who are returning from areas that are viewed as high risk. As yet, it is unclear to us what methodology or approach the UK Government intends to use with regard to quarantine hotels, if it chooses to take that route. We will have to wait and see what information it provides us with based on its own assessment.
With regard to Emma Harper’s point about the Republic of Ireland, I assure her that the discussions between the four nations are also looking at matters relating to the common travel area, which includes the Republic of Ireland. The issue has been raised on a number of occasions by my counterpart in the Northern Irish Government with regard to the transfer of information between the Republic of Ireland and Northern Ireland on any passengers who may be travelling through Dublin. The matter is being pursued, to try to address the concerns that Emma Harper raised.
I ask members to confirm that they are content that a single vote be held on the seven motions.
I see that members are content to do that. The question is, that motions S5M-23757, S5M-23812, S5M-23887, S5M-23886, S5M-23851, S5M-23922 and S5M-23897, be agreed to.
Motions agreed to,
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel and Public Health Information) (Scotland) (No 2) Regulations 2020 (SSI 2020/444) be approved.
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 25) Regulations 2020 (SSI 2020/474) be approved.
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2021 (SSI 2021/5) be approved.
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 2) Regulations 2021 (SSI 2021/6) be approved.
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 3) Regulations 2021 (SSI 2021/7) be approved.
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 4) Regulations 2021 (SSI 2021/19) be approved.
That the Health and Sport Committee recommends that the Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 5) Regulations 2021 (SSI 2021/21) be approved.
We move to item 12, which is the formal debate on the Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 (SSI 2021/20), on which we have taken evidence.
Motion moved,
That the Health and Sport Committee recommends that The Health Protection (Coronavirus) (Pre-Departure Testing and Operator Liability) (Scotland) Regulations 2021 (SSI 2021/20) be approved.—[Michael Matheson.]
Motion agreed to.
We will issue a report to Parliament accordingly. I thank the cabinet secretary and his officials for their attendance at this evidence session.