Chamber and committees

We recognise the difficulties that some applicants will face in finding evidence. They will be provided with assistance from officials in sourcing or accessing records. Indeed, some of the challenges that we have been wrestling with during the period of Covid have been about trying to assist individuals in accessing, as part of the process, documentation that is held by third-party organisations. The act creates the criminal offence of failing to comply with a request for information that would be relevant to such an application. There are strong aspects of legal enforcement.

In exceptional circumstances, redress Scotland has sufficient discretion to disregard evidence requirements if it is satisfied that the case merits an award. That approach is similar to some of the characteristics of evidence taking that have been adopted in the Scottish child abuse inquiry, which has been chaired by Lady Smith and which has taken a very considered approach to the gathering of evidence in that respect.

That judgment lies at the heart of the bringing forward of the legislation. As Mr McMillan rightly indicated, we are facing an increase in the number of cases just now. We are monitoring those cases very closely to see what the implications are for acute and serious ill health. The number of cases today was more than 1,000, which is an indication of the development of the new variants. We therefore have to make sure that we have in place a legislative framework that adequately addresses the public health emergency, which is the issue that I addressed in my response to Mr Cameron.

That is an important issue, because the furlough scheme that was initiated by the United Kingdom Government has been an absolutely central tool in enabling us to withstand a severe economic shock of the magnitude that many of us feared. The removal of the furlough scheme has the potential to lead to economic and employment disruption. For that reason, the First Minister raised the continuation of the furlough scheme with the Prime Minister at the Covid recovery summit that took place last Thursday and in which I participated, along with ministers from the devolved Administrations and from the UK Government. I give Mr Coffey the assurance that ministers are regularly raising that issue with their counterparts in the UK Government.

The Government undertakes that analysis based on work that is prepared by the joint biosecurity centre, which uses methodology that is endorsed by the four UK chief medical officers. The travel regulations are devolved public health measures but, obviously, we work across the other countries of the UK on that question.

Last Thursday morning, I took part in a discussion with ministers from the devolved Administrations and the UK Government at which the decision in relation to the situation arising in Portugal was taken, which was the subject of announcements by the UK Government in the course of the day.

I do not accept that point. It lies fundamentally at the heart of the judgment that we have to make about ensuring that we have in place appropriate arrangements that enable our public services, among a wide variety of other examples, to be conducted within a context that is compatible with the current public health environment in Scotland. The question that Mr Cameron raised needs to be addressed by considering the public health emergency that I expect we will still be facing in September, because of the nature of coronavirus and the mutations of the variants that we are all facing and having to respond to. On that basis, the necessity of the provisions being in place is apparent for me.

However, I stress the point that I made to Murdo Fraser a moment ago, in that we are already dealing with a depleted range of measures that are in place, because we have removed any provisions that are no longer necessary. The bill that is brought forward will do that as well. It is important that we have those provisions in place to provide the necessary protection for members of the public.

One of the central features of the legislation that the Parliament has passed—and, to go back to the point that Jackie Baillie raised with me earlier, another argument for continuing such provisions—is the great focus on tackling domestic abuse. On no occasion should it be tolerated in our society but, clearly, in the context of the restrictions during the pandemic, it has been of heightened concern.

The Government makes guidance available and funds a range of services along with our local authority partners. We will continue to do so, in order to make sure that the scourge of domestic violence is not present in our society.

This is my first statement to Parliament to accompany the publication of a Scottish Government report on the coronavirus acts. I pay tribute to Michael Russell, who not only led the two Scottish coronavirus bills through Parliament last year but subsequently oversaw the publication of six reports on operation of the acts.

Today sees the publication of the seventh report on the coronavirus acts, so I will—particularly for members who are new to the process—take this opportunity to set out the context in which the reporting exercise takes place.

In addition to those in the United Kingdom Coronavirus Act 2020, the Coronavirus (Scotland) Act 2020 and the Coronavirus (Scotland) (No 2) Act 2020 contain extraordinary measures that were required for us to respond to an emergency situation. In recognition of the far-reaching and unprecedented nature of some of the provisions, the Scottish acts contain a number of safeguards. They include: that the relevant provisions in the acts automatically expire less than six months after they come into force—although the period can be extended by the Scottish Parliament for two further periods of six months; that the Scottish ministers have the power to bring provisions in the acts to an end earlier, when ministers consider that they are no longer necessary; and that, every two months, the Scottish ministers are required to report on the continued need for the measures and on use of the powers in the Scottish acts.

Over the past year, some of the two-monthly reports have recorded significant change in the status and operation of provisions, although some changes have been less significant. With the exception of the anticipated expiry of certain provisions, the seventh report is a relatively routine record of the status and operation, from 1 April to 31 May, of the provisions in the coronavirus acts. Nevertheless, for as long as the acts are in place, the Scottish Government will continue to meet its commitment to publish reports and give Parliament the opportunity to scrutinise them.

The Scottish Government remains committed to expiring or suspending specific provisions as they become no longer necessary. Nevertheless, it is clear that some provisions in the acts will be required after the current expiry date of 30 September this year, in response to the on-going threat that Covid poses to public health in Scotland.

The Scottish coronavirus acts contain provisions that make temporary adjustments for us to respond to the pandemic and to protect the health of people who live in Scotland. The provisions are subject to an expiry date that has been extended by regulations, but which cannot be extended beyond 30 September 2021. To ensure that public services are able to discharge their functions in the way that was intended, a coronavirus (extension and expiry) (Scotland) bill has been prepared, with a view to its being introduced later this month to allow scrutiny by Parliament before the summer recess.

The bill will amend the expiry date of the Scottish coronavirus acts to 31 March 2022—a six-months extension—and will give the Scottish Parliament the power to extend the acts for a further six months, to 30 September 2022. At the same time, the bill will expire a number of provisions that are no longer considered to be necessary. Many provisions in the Scottish coronavirus acts have already been expired, in line with the Government’s commitment to remove provisions that are no longer necessary to support the on-going public health response.

The decision on whether to extend part 1 of both acts is, of course, for the Parliament to make. We look forward to hearing the outcome of consideration of the matter.

As is required by section 15 of the Coronavirus (Scotland) Act 2020 and section 12 of the Coronavirus (Scotland) (No 2) Act 2020, the Scottish ministers have conducted a review of the part 1 provisions of both acts and have prepared the seventh report. We are satisfied that, as at 31 May, the status of the provisions that are set out in part 1 of both acts remain appropriate.

We have also undertaken a review of the Scottish statutory instruments to which section 14 of the Coronavirus (Scotland) (No 2) Act 2020 applies. The Scottish ministers are also satisfied that the status of those SSIs at the end of the reporting period is appropriate.

A review has also been conducted of the provisions of the United Kingdom Coronavirus Act 2020, for which the Scottish Parliament gave consent. We are satisfied that the status of those provisions is appropriate.

The provisions that we report on today are part of Scotland’s on-going response to the pandemic. The Government will continue to do our duty to report to and be held accountable to Parliament on use of those powers.

Coronavirus continues to pose a significant threat to public health, and the Scottish Government is committed to taking all necessary steps to address that threat. For that reason, public health measures that are needed to control and limit the spread of the virus continue to require significant adjustment to the lives of people who live in Scotland, to businesses in Scotland and to how public services are delivered and regulated. Current guidance continues to require businesses and public authorities to operate very differently to how they have done previously. All restrictions will be kept under review in the event of new developments, such as the emergence of a new variant of concern, to ensure that they remain proportionate and necessary to support the on-going public health response.

However, as a result of the work that has been undertaken over the past year and the sacrifices that have been made by the entire nation, real progress has been achieved, and we are moving cautiously but steadily into the recovery stage.

In my statement to Parliament on 27 May, I set out the Government’s on-going response to Covid, our approach to recovery and the immediate steps that we intend to take to bring the necessary energy and direction to that activity. The Government’s first priority is to lead Scotland out of the pandemic and to reopen the country as quickly and as safely as we can. In carrying on with our work on recovery, we will also act to boost jobs, tackle the climate crisis, support our children and young people and protect the national health service.

Alongside the extraordinary efforts that have been made by all our people over the past 14 months, the success of the vaccination programme has allowed us to be optimistic about the future and to start the journey towards national recovery. Roll-out of vaccination continues at pace. As at 7:30 this morning 3,422,431 people had received the first dose of the Covid vaccine and 2,313,695 people had received the second dose.

The last figure that I would like to cite is that 2,162,865 people aged 50 and over have now received their first dose of the vaccine, which accounts for 99 per cent of the total over-50 population. That is an impressive milestone and a massive logistical achievement for all our vaccination teams across the country. We remain on course to have offered first doses to all adults by the end of July.

The challenge now is to build forward on a fairer basis, but the Government cannot meet that challenge alone. That is why we are committed to bringing together people from a wide variety of sectors and backgrounds in pursuit of the strongest possible recovery. Recovery from the pandemic will be achieved only if the people and institutions of Scotland unite in common cause. We must work together across organisational, sectoral and political boundaries to make sure that the recovery is broadly based and enjoys the full support of the people of Scotland.

Finally, I reiterate the commitment that was made by the First Minister: the Government is intent on co-operating with all political parties to put the interests of the country first to guide Scotland through the pandemic and into a recovery that supports the national health service, stimulates the economy, creates sustainable employment and contributes to our ambition that Scotland will be a net zero nation.

We welcome the opportunity for engagement with Parliament, as it considers the seventh report on the relevant legislation.

The work on financial support for individual companies is kept under constant review by the Cabinet Secretary for Finance and the Economy, who updates the Parliament on such questions. Clearly, a number of changes have been put in place regarding the arrangements for weddings and other life events as a consequence of the change in levels. It has been a disappointment to us that, when decisions were taken on levels 2 and 1, we were not able in some parts of Scotland to get to the lower levels that we had hoped for. However, I assure Mr Sweeney of the Government’s determination to make progress in that direction as swiftly as possible and to move to lower levels when it is safe for us to take that action.

Let me try to reassure Murdo Fraser about the issues that he has raised. First, the bill will provide for a temporary extension of some of the powers that are already in place. That temporary extension is for a six-month period; then, if Parliament agrees, it can be extended for a further six-month period. It is therefore not accurate to say that the extension is for 12 months; it is for two six-month blocks.

Secondly, the bill will introduce no new measures. It will set out the basis for taking forward a depleted set of provisions that Parliament agreed to put in place under the previous arrangements.

Thirdly, the bill needs to be in place before the summer recess because the existing provisions will expire at the end of September 2021. We have been through the election period and summer recess is now coming up, and we want to make sure that there is no dubiety for the public services that depend on some of the provisions to execute their current functions. As Mr Fraser will know, some of the extraordinary arrangements do not give ministers a lot more powers; they give organisations that exercise functions, such as the courts, the ability to operate under a different model. I suggest that the courts and other such organisations will require more notice than they would get if we were to handle the legislation at the start of September.

Finally, I have asked for the maximum amount of parliamentary time to be available for the consideration of the legislation before Parliament rises for the summer recess. The Government will propose to the Parliamentary Bureau that the debate is not held over one day, which is often the way in which emergency legislation is handled, but is conducted over three separate days, which will provide members with the opportunity to reflect on the provisions in the bill. I stress that Parliament has already legislated for the provisions in the two current coronavirus acts.

Jackie Baillie raises entirely legitimate issues, and I acknowledge the seriousness and significance of the points that she makes. Indeed, the substance of her question illustrates why we need to put in place longer-term protection for the exercise of public functions and for individuals.

Jackie Baillie raised in her question specific points about eviction provisions, but what she set out is not contained in the existing legislation. However, she raises a legitimate question about whether it should be. I give her the commitment that the Government will engage constructively on that question, recognising the seriousness of the issue and the threats that are posed to individuals as a consequence of eviction. We are living in unsettling times for many individuals who face disruption to their income and their livelihood as a consequence of Covid.