Seòmar agus comataidhean

Thank you very much, cabinet secretary.

Last week, we had a morning of compelling evidence from a variety of different witnesses, including—most compellingly of all, I felt—the office of the Children and Young People’s Commissioner Scotland.

In its written submission, the commissioner’s office expressed concerns—which were affirmed by Megan Farr, who appeared in person before the committee last week—that the proposals in the bill do not conform with article 15 of the European convention on human rights and with article 4 of the International Covenant on Civil and Political Rights. In relation to human rights at times of emergency, it was recognised that states can use powers but that those powers are “not unlimited”. The submission says:

“Any emergency powers must be lawful, necessary, proportionate and time limited. They must be limited to the extent strictly required by the situation.”

That is not the case with the bill. Last week, it was alluded to that, if the bill became law, a case could be taken to court on the legislation, which could be found to be unlawful.

My question is very simple: is the Scottish Government listening to any of that evidence, including the evidence from the Children and Young People’s Commissioner Scotland, and will it take any of it on board?

I hear all of that, but I think that you are—

The committee must now produce its report on the draft instrument. Are members content to delegate responsibility to the deputy convener and me to agree that report on behalf of the committee?

Members indicated agreement.

That brings us to the end of the public part of today’s meeting. I thank the cabinet secretary and her officials for giving us their time today.

Of course.

Fergus Ewing has a quick supplementary question.

The Scottish Private Nurseries Association got in touch with us and raised the questions that Fergus Ewing is seeking answers on. As the instrument is subject to the negative procedure, we do not have a minister before the committee. We have not had time to get a satisfactory answer to the questions, which raise entirely legitimate concerns on the part of the sector.

I propose that we write to the minister and seek clarification of those matters. We can then decide, before the appropriate deadline, how to proceed. Is the committee content with that approach?

Members indicated agreement.

I turn to Stephanie Callaghan.

Do you want to comment on that, minister?

That would be very useful. I am sure that we will have you back on another occasion to talk more widely about those areas of interest.

We move to agenda item 3 and I invite the minister to move motion S6M-02961.

Motion moved,

That the Education, Children and Young People Committee recommends that the Provision of Early Learning and Childcare (Specified Children) (Scotland) Amendment Order 2022 be approved.—[Clare Haughey]

Motion agreed to.