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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 8 November 2025
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Displaying 2809 contributions

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Education, Children and Young People Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Stephen Kerr

I am not aware that I, as the convener, am not permitted to express my own views. If someone objects to that, they can talk to me later.

Education, Children and Young People Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Stephen Kerr

Thank you very much, cabinet secretary.

Last week, we had a morning of compelling evidence from a variety of different witnesses, including—most compellingly of all, I felt—the office of the Children and Young People’s Commissioner Scotland.

In its written submission, the commissioner’s office expressed concerns—which were affirmed by Megan Farr, who appeared in person before the committee last week—that the proposals in the bill do not conform with article 15 of the European convention on human rights and with article 4 of the International Covenant on Civil and Political Rights. In relation to human rights at times of emergency, it was recognised that states can use powers but that those powers are “not unlimited”. The submission says:

“Any emergency powers must be lawful, necessary, proportionate and time limited. They must be limited to the extent strictly required by the situation.”

That is not the case with the bill. Last week, it was alluded to that, if the bill became law, a case could be taken to court on the legislation, which could be found to be unlawful.

My question is very simple: is the Scottish Government listening to any of that evidence, including the evidence from the Children and Young People’s Commissioner Scotland, and will it take any of it on board?

Education, Children and Young People Committee

Interests

Meeting date: 9 March 2022

Stephen Kerr

Good morning, and welcome to the eighth meeting in 2022 of the Education, Children and Young People Committee.

We have received apologies from Ross Greer.

I welcome Graeme Dey, who is attending the committee for the first time as a committee substitute. Mr Dey, I invite you to declare any interests that are relevant to the remit of this committee.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 9 March 2022

Stephen Kerr

The Scottish Private Nurseries Association got in touch with us and raised the questions that Fergus Ewing is seeking answers on. As the instrument is subject to the negative procedure, we do not have a minister before the committee. We have not had time to get a satisfactory answer to the questions, which raise entirely legitimate concerns on the part of the sector.

I propose that we write to the minister and seek clarification of those matters. We can then decide, before the appropriate deadline, how to proceed. Is the committee content with that approach?

Members indicated agreement.

09:17 Meeting suspended.  

09:18 On resuming—  

Education, Children and Young People Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Stephen Kerr

I turn to Stephanie Callaghan.

Education, Children and Young People Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Stephen Kerr

Why could we not have this discussion and put something on a shelf that we could later pull off the shelf when it was needed and allow Parliament at that moment to pass it? Parliament worked well during the pandemic. Those of us who were not in Parliament then were looking in, and we saw Parliament working well—collegiately and on a basis of collaboration. It worked. If we could now have the advantage of having something on the shelf that we could pull off the shelf when needed, why would the Government object to that? That seems sensible, and it would be in line with the recommendations of the Children and Young People’s Commissioner.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 9 March 2022

Stephen Kerr

Item 2 is evidence from the Minister for Children and Young People on the draft Provision of Early Learning and Childcare (Specified Children) (Scotland) Amendment Order 2022. I welcome the minister and her Scottish Government officials Eleanor Passmore, deputy director for early learning and childcare, and Carolyn O’Malley, solicitor with the Scottish Government legal services directorate.

I invite Ms Haughey to speak to the draft order.

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 9 March 2022

Stephen Kerr

Our next item of business is further consideration of subordinate legislation. Do members have any comments on the regulations?

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 9 March 2022

Stephen Kerr

Do you want to comment on that, minister?

Education, Children and Young People Committee

Subordinate Legislation

Meeting date: 9 March 2022

Stephen Kerr

That would be very useful. I am sure that we will have you back on another occasion to talk more widely about those areas of interest.

We move to agenda item 3 and I invite the minister to move motion S6M-02961.

Motion moved,

That the Education, Children and Young People Committee recommends that the Provision of Early Learning and Childcare (Specified Children) (Scotland) Amendment Order 2022 be approved.—[Clare Haughey]

Motion agreed to.