Seòmar agus comataidhean

Health Protection Coronavirus Requirements Scotland Amendment No2 Regulations 2021 response

Letter from the Minister for Parliamentary Business to the Convener, 21 October 2021

Dear Stuart,

I have noted the issues raised in your letter of 8 October 2021 concerning your Committee’s scrutiny of the above Regulations and, more specifically, the Government’s decision to promote these Regulations under the made-affirmative procedure. 

As set out in the Coronavirus Act 2020, the use of the made affirmative procedure is only appropriate when Ministers consider that regulations require to be made urgently to protect public health. With the current status of the pandemic it remains essential that Ministers have the flexibility to act quickly, whether that is to impose restrictions or to remove them as soon as they are no longer necessary. 

In terms of the regulations providing for vaccine certification, Scottish Ministers decision to use the made affirmative procedure reflected wider considerations around implementation of the vaccine certification arrangement, including the need for businesses and the general public to familiarise themselves with its requirements. 
In designing the urgent implementation and initial operationalising of the certification scheme, the Government’s aim was to strike the right balance between implementing the scheme as quickly as operationally possible, in a graduated manner that is proportionate and will deliver the optimum public health benefit. It was important, however, in the interests of transparency that the legal requirements underpinning the scheme were published sufficiently in advance to enable those affected by the scheme rules to take the necessary steps to prepare for that.

The Government recognises the concern expressed by parliamentarians that regulations promoted under the made affirmative procedure can come into force prior to any formal scrutiny by the Parliament. That is why an arrangement was agreed in Session 5 whereby the Government would, wherever possible, provide the Parliament with draft regulations to offer committees an opportunity to review proposals in advance of respective provisions coming into force. The Government continues to give effect to that agreement in the new parliamentary session. However, I am happy to consider whether any additional practical steps could be put in place which will further enable and enhance parliamentary scrutiny. I have asked my officials to work with their parliamentary counterparts to consider what options may be available.

I am copying this letter to the Presiding Officer.

George Adam