Letter from the Convener to the Deputy First Minister and Cabinet Secretary for Covid Recovery, 24 November 2021
Dear John,
At its meeting yesterday, the Delegated Powers and Law Reform Committee considered the delegated powers in the Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Bill. The Committee would be grateful if you could provide some additional information in relation to the following powers.
Section 3(1) Power to change the expiry date of section 1 to an earlier date
Power conferred on:
the Scottish Ministers
Power exercisable by:
regulations made by Scottish statutory instrument Parliamentary procedure:
negative
As you know, section 3(1) allows Scottish Ministers to make regulations to alter the expiry date of section 1 to allow the expiry date to be brought forward to an earlier date specified within the regulations and can make different provision for different purposes or areas and to make transitional, transitory or saving provision.
The Committee noted that the decision to end the modifications made by this Bill early could have a significant impact, both financially and administratively, upon health boards, the impact of which could also vary significantly according to each individual health board.
In light of the above, do you consider that a statutory requirement to consult with the health boards in advance of regulations being made under section 3(1) would be appropriate here?
Section 3(2) Power to change the expiry date of section 1 to a later date
Power conferred on:
the Scottish Ministers
Power exercisable by:
regulations made by Scottish statutory instrument Parliamentary procedure:
affirmative or made affirmative
Section 3(2) allows Scottish Ministers to make regulations to alter the expiry date of section 1 so the expiry date can be extended to a later date specified within the regulations, which can be no more than 6 months after the expiry date already provided for and can make different provision for different purposes or areas and to make transitional, transitory or saving provision.
The Committee noted that the Parliament should normally have the opportunity to scrutinise the effect of the ongoing modifications against the context of the pandemic at the time the regulations are made via the use of the affirmative procedure.
However, section 3(2) also allows the made affirmative procedure to be used to extend the expiry date where the Scottish Ministers consider that the regulations need to be made urgently. The Delegated Powers Memorandum for the Bill states that as the pandemic situation is constantly evolving, it may not be possible for Scottish Ministers to reach a view on whether the expiry date should be extended sufficiently in advance of the expiry date to allow time for regulations to be progressed through the affirmative procedure, particularly if the Parliament is in recess.
The Committee would welcome further detail on why you consider that the made affirmative procedure should be available to change the expiry date of section 1 to a later date? In addition, given the significance of self-isolation in the strategy against the spread of coronavirus, how likely is it that the made affirmative procedure would be required to be used?
Given the expedited timetable for the Parliament’s consideration of this Bill, I would be grateful for a response by Wednesday 1 December 2021. I look forward to hearing from you.
Yours sincerely,
Stuart McMillan MSP
Convener of the Delegated Powers and Law Reform Committee