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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 19 May 2025
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Displaying 2702 contributions

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Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

That was the problem with the way that the law was framed, which was why we raised the issue. We are joking about it, but it is a serious matter that, when we write law, it needs to make sense and be understood, and there should not be loopholes.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

I found Graeme Dey and his predecessor, Joe FitzPatrick, to be very good to work with. When they appeared at the committee, we had a very cordial relationship and they knew the committee’s requirements.

We had some correspondence with you last week about the vaccination passport debate and the proposal from the Scottish Government to introduce a requirement for vaccine certification at certain events. You will have seen our annual report from the previous parliamentary session in which we expressed some concern, shall we say, over the number of made affirmative regulations that were being approved. For anyone who is watching, I note that that is when the Government brings in a law without its having been scrutinised by the Parliament; the scrutiny comes later. Most parliamentarians accept that there has been a need to use that procedure during Covid, but there has been a large number of such instruments.

We wrote to you about the proposal for vaccine passports. That might not be the term that you use, but that is the term that I use. We know what we are talking about. You wrote back to us on 9 September—it was a quick turnaround—and in that letter you said that if there were to be regulations, which there would have to be if the proposal comes in, your view is that the made affirmative procedure should still be used despite there being weeks to prepare. Is that still your position?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

Do you anticipate all of those coming in this calendar year or within the next 12 months?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

I am sure that we can improve as we go along. Others might want to come in at this point, convener.

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

Right—okay. I will move on to my final question for now, although I have more questions later.

As you mentioned, we have highlighted that we are not persuaded by some of the reasoning that the Scottish Government has provided for breaching the 28-day rule for negative instruments. Will you expand on what work you are doing to ensure that such breaches occur only when absolutely necessary?

Delegated Powers and Law Reform Committee

Minister for Parliamentary Business

Meeting date: 14 September 2021

Graham Simpson

It sounds as though there might be some movement and that you might not necessarily use the made affirmative procedure.

Meeting of the Parliament (Hybrid)

Topical Question Time

Meeting date: 14 September 2021

Graham Simpson

The question is, what protections will be put in place to prevent that from happening?

Meeting of the Parliament (Hybrid)

Topical Question Time

Meeting date: 14 September 2021

Graham Simpson

I thank the Deputy First Minister for his answer, although he did not actually answer the question that I asked. However, we will move on.

At the weekend, the head of the Scottish Professional Football League, Neil Doncaster, said that the league was “hugely concerned” about the practicalities of delivering the scheme. After the league made it clear that the Government’s plan was unworkable, the health secretary confirmed that Mr Doncaster’s suggestion of spot checks of those attending a match was a possibility. That shows that, when it comes to the scheme, the Government is still filling in the blanks.

One of the many remaining questions is around data and the equipment used. In last week’s debate, much was made of the fact that businesses will be able to use an app on a phone to scan QR codes. Earlier today, when I asked the Minister for Parliamentary Business what data would show up on somebody’s personal mobile phone—for example, outside a football ground—he could not say. If my name, address and date of birth were to show up, that would be a clear breach of data protection laws. Such details could be easily harvested—

Meeting of the Parliament (Hybrid)

Topical Question Time

Meeting date: 14 September 2021

Graham Simpson

The difference between the UK Government’s position and the Scottish Government’s position is that the Scottish Government has set a date for introducing the scheme, and the UK Government has not. The UK Government has said that it will do so if circumstances arise. There is a big difference there, and the Deputy First Minister knows it.

It has been almost two weeks since the First Minister announced the plan for vaccination certification, but, yesterday, the health secretary again said that the Government is still working on the definition of a nightclub. Does the Deputy First Minister see how ridiculous it is that the scheme will come into force in a matter of weeks yet the Government still cannot provide any clarity on key questions surrounding its implementation?

Meeting of the Parliament (Hybrid)

Topical Question Time

Meeting date: 14 September 2021

Graham Simpson

To ask the Scottish Government what its response is to the announcement by the United Kingdom Government not to proceed with plans to introduce vaccine passports. (S6T-00146)