Skip to main content
Loading…

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.  

Filter your results Hide all filters

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 21 September 2025
Select which types of business to include


Select level of detail in results

Displaying 2261 contributions

|

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 9 November 2021

Stuart McMillan

The instrument makes a number of changes to the principal international travel regulations, which are the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021 (SSI 2021/322), including expanding the criteria for defining “eligible vaccinated arrivals” and amending the exemptions that are in place for diplomatic personnel, their staff and dependents in relation to the 26th United Nations climate change conference of the parties, or COP26.

Regulation 4(d) inserts paragraph (4A) into regulation 3 of the principal regulations. As amended, regulation 3 provides that a person is an eligible vaccinated arrival if, among other things, they are

“a person who, by virtue of a determination made in accordance with ... (i) the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 ... , or (ii) the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ... , is not vaccinated for medical reasons”.

As neither of those sets of regulations makes explicit provision for such a determination to be made, it could be clearer how and by whom an exemption from vaccination on medical grounds is made in accordance with a determination made under either of those sets of regulations.

In written correspondence with the committee, the Scottish Government stated that the position is set out in guidance to which travel operators or persons that are responsible for premises must have regard, and that it considers that the guidance makes clear the process for obtaining and evidencing a medical exemption in accordance with the requirements regulations and the English international travel regulations.

Does the committee nevertheless wish to draw the instrument to the attention of the Parliament on reporting ground (h), in that the instrument’s meaning could be clearer as there is no reference to any determination in respect of exemption from vaccination on medical grounds in either of the sets of regulations that are cited in regulation 4(d)?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 9 November 2021

Stuart McMillan

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

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 9 November 2021

Stuart McMillan

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 9 November 2021

Stuart McMillan

Under agenda item 5, we are considering six affirmative instruments. No points have been raised on the following draft instruments.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 9 November 2021

Stuart McMillan

Members will note that the Plant Health (EU Exit) (Scotland) (Amendment) (No 2) Regulations 2021 were originally laid on 7 October 2021 and subsequently withdrawn and relaid following initial questions from the committee.

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 9 November 2021

Stuart McMillan

Under agenda item 6, we are considering five negative instruments. Issues have been raised on the following instrument.

Delegated Powers and Law Reform Committee

Instruments subject to Negative Procedure

Meeting date: 9 November 2021

Stuart McMillan

With regard to SSI 2021/383, we have just welcomed that it corrects the error in SSI 2021/354.

Is the committee content with the instruments?

Members indicated agreement.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 9 November 2021

Stuart McMillan

Under agenda item 7, we are considering two instruments that are not subject to procedure. No points have been raised on the following instruments.

Delegated Powers and Law Reform Committee

Instruments not subject to Parliamentary Procedure

Meeting date: 9 November 2021

Stuart McMillan

Does the committee wish to welcome the fact that SSI 2021/386 fulfils a commitment that was given by the Scottish Government to rectify a numbering error that the session 5 Delegated Powers and Law Reform Committee highlighted at its meeting on 19 January 2021 with respect to the Lands Tribunal for Scotland (Miscellaneous Amendments) Rules 2020 (SSI 2020/433)?

Members indicated agreement.

10:08 Meeting continued in private until 10:40.  

Delegated Powers and Law Reform Committee

European Union (Withdrawal) Act 2018: Instrument Procedure and Category

Meeting date: 9 November 2021

Stuart McMillan

Both instruments have been laid under the negative procedure and are considered by the Scottish Government to be of low significance. Is the committee content that the appropriate scrutiny procedure has been applied to the instruments and that the SSIs are of low significance?

Members indicated agreement.