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Chamber and committees

Question reference: S6W-05727

  • Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
  • Date lodged: 14 January 2022
  • Current status: Answered by John Swinney on 25 January 2022

Question

To ask the Scottish Government what the monitoring process is for the use of COVID-19 emergency legislation.


Answer

Regulations made using Covid-19 legislation must be reviewed at least every 21 days by Scottish Ministers. This review process ensures that the measures they provide continue to be necessary and proportionate.

Any new or revised regulations are set out to the Scottish Parliament in plenary and are considered by the Parliament's Delegated Powers and Law Reform Committee and the Covid-19 Committee Recovery Committee.

Regulations made under Covid-19 legislation are considered through the Four Harms approach which draws on evidence and analysis to assess both current and future direct and indirect health impacts and the social and economic impacts of the pandemic and of proposed regulations. This approach is underpinned by Scotland’s Strategic Framework which sets out our approach to managing the pandemic.

Scottish Ministers also produce a report to Parliament every two months with regard to the status and operation of the Scottish and UK Coronavirus Acts – confirming that they have undertaken a review of whether the provisions continue to be necessary and proportionate.