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Seòmar agus comataidhean

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 5 May 2021
  6. Current session: 12 May 2021 to 9 January 2025
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Displaying 1830 contributions

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Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

In your submission, you say:

“We are concerned that the Bill gives Ministers responsibility to make regulations at a level of detail that cannot competently be done by government”.

Can you explain why you say that?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

Is your message, “Give us the guidance and we will act responsibly”?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

During the past two years, has there been a breakdown in the ability of local authorities to make such decisions for themselves? In your submission, you say:

“The EIS would have liked to have seen an explicit delegation to local authorities to also make decisions to close schools or move to remote platforms in the interests of safety”.

You feel that local authorities, with guidance from the centre, should be making such decisions on the basis of delegated authority, which they already have. Is that correct?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

That is very clear.

I will turn to David Belsey. In your written submission, you say:

“The EIS believes that extending such powers to issue regulations indefinitely could upset the balance of power between local authorities and the Scottish Government.”

Can you expand on that, please?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

They do not currently have that power, which is the opposite of the intent of the bill, which is to bring powers to the centre.

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

Half the committee wants to come in but, before I bring in members, I will bring in Matthew Sweeney.

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

Do you need legislation to do that, given that you have just described what seems to be a pretty robust framework for authorities? Why do we need new legislation?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

Yes. Before you ask them, I just want to get my head straight on this, so I have a final question for David Belsey. Is the EIS arguing for the opposite of what the bill seeks to do? Are you saying that powers should be given by the Government to local authorities? Is that the rebalancing that you are talking about?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

As well as the Government—yes, that is what I am saying. Your argument is that that power should be given to local authorities.

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

I will bring in John Edward, because he has been sitting patiently and I worry that we have not heard from him.