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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 5 May 2021
  6. Current session: 12 May 2021 to 6 May 2025
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Displaying 2053 contributions

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Delegated Powers and Law Reform Committee

Decision on Taking Business in Private

Meeting date: 1 March 2022

Stuart McMillan

Good morning, and welcome to the seventh meeting in session 6 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch mobile phones to silent.

The first item of business is to decide whether to take agenda items 6, 7 and 8 in private. Is the committee content to take those items in private?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Stuart McMillan

Thank you, Deputy First Minister. I will start with questions and then hand over to colleagues.

In respect of the first set of regulations—the made affirmative regulations—section 38(2) and part 2 of schedule 17 to the Coronavirus Act 2020 relate to the power of the Scottish ministers to give directions regarding the continuity of education and childcare. Have the powers under that section been greatly used since the act came into being? Do you anticipate those powers being used during the six-month extension?

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Stuart McMillan

As we progress through the year, if it were recognised that the powers were not needed, would the Scottish Government consider laying regulations to remove those powers?

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Stuart McMillan

Thank you, Deputy First Minister.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 1 March 2022

Stuart McMillan

No points have been raised on the instrument. Given the evidence that we heard earlier from Mr Swinney in relation to the regulations, do members have any comments to make?

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 1 March 2022

Stuart McMillan

Is the committee content with the instrument?

Members: No.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 1 March 2022

Stuart McMillan

There will be a division on whether we wish to make no recommendations in relation to the Coronavirus Act 2020 (Alteration of Expiry Date) (Scotland) Regulations 2022.

For

Kidd, Bill (Glasgow Anniesland) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Sweeney, Paul (Glasgow) (Lab)

Against

Hoy, Craig (South Scotland) (Con)
Simpson, Graham (Central Scotland) (Con)

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 1 March 2022

Stuart McMillan

The result of the division is: For 3, Against 2, Abstentions 0.

The committee therefore agrees to make no recommendation. However, members’ concerns about the instrument have been expressed and will be noted on the record. A report will be published and sent to the lead committee, and those concerns will be noted in it.

Also under this agenda item, no points have been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 1 March 2022

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Stuart McMillan

Under agenda item 2, we will take evidence from the Deputy First Minister and Cabinet Secretary for Covid Recovery, John Swinney MSP, on two Scottish statutory instruments deferred from last week’s meeting: the Coronavirus Act 2020 (Alteration of Expiry Date) (Scotland) Regulations 2022, which is a made affirmative SSI, and the draft Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Amendment Regulations 2022, which is an affirmative SSI.

Mr Swinney is accompanied by two Scottish Government officials. Elizabeth Blair is unit head, Covid co-ordination, and Graham Fisher is deputy director of the directorate for legal services. I welcome you all to the meeting.

As the Deputy First Minister knows, this session is a chance for members to ask questions about the two instruments, which were deferred from last week. Obviously, the committee is focused on whether the instruments are correct as a matter of law, including whether the correct procedure has been applied. The COVID-19 Recovery Committee will focus on the wider policy issues. It is likely to take evidence on the instruments on Thursday 17 March.

I invite the Deputy First Minister to make some opening remarks.