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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 11 October 2025
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Displaying 504 contributions

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Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Oliver Mundell

One has a lower hurdle to get over. That is my point. One has a lower—

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Oliver Mundell

Would a bring-it-into-force provision meet that test?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Oliver Mundell

I want to come back to David Belsey from the EIS about whether the same kind of discretion should be given to headteachers in schools. It is all well and good to say that local authorities should have the power to shut a school on health grounds, but the example in Glasgow that you cited and other experiences that I have seen in my constituency have involved difficult judgment calls, and the person who knows the school, young people and community best should surely have a say in such decisions, too.

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Oliver Mundell

I am sure that it will be worth the wait.

I have a question for the witness from Public Health Scotland. I want to push on that point. In relation to building public trust and confidence and encouraging people to continue to follow the guidance as we move into the next stage, how important is proportionality? How important is it that the legislation matches the situation and the level of emergency and fear that people across the country feel?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Oliver Mundell

It is for the witness from Public Health Scotland. Do you factor in how the public as a whole feel, how organisations feel and how decision makers feel if the legislation on the statute books is out of step with the perception of the risk and state of emergency that we are in?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Oliver Mundell

For absolute clarity, could the lack of proportionality make the legislation unlawful?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Oliver Mundell

But one faces a lower parliamentary hurdle than the other in terms of the scrutiny and the kind of process it has to go through.

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Oliver Mundell

In your view, the case for using that procedure would diminish over time and it would be less proportionate if you were planning in advance for an emergency. Is that a fair comment?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Oliver Mundell

Do you think that there is a difference or a sort of sliding scale? Passing new emergency legislation requires the full parliamentary process. Does having a provision just to bring the legislation into force not lower the bar? Should we question whether that is proportionate for the scale of measures that the legislation enables. We are talking about pretty fundamental rights to education being removed. Is scrutinising the ability to bring it into force enough?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Oliver Mundell

I would be interested, because there is obviously a different type of consultation. In effect, a member of the Parliament is relying on a different type of consent to bring something into force than they would need if they were putting the legislation on to the statute book and having it sit there. I would be interested to hear your thoughts on that and anything more you could provide, but I do not want to push you if you do not feel comfortable. Anything from a colleague would be helpful.