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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 12 July 2025
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Displaying 830 contributions

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COVID-19 Recovery Committee

Ministerial Statement

Meeting date: 31 March 2022

Murdo Fraser

I have a couple of particular constituency issues that I would like to raise. A number of constituents have contacted me. They are parents of children in fifth year, who are studying for their highers in a few weeks’ time. First, they are looking for an assurance that there is no prospect of the current exam diet being cancelled. We know that there are some schools with large staff absences. Also, there are constituents who are wondering what other arrangements will be in place for any pupils who contract Covid and will therefore not be able to sit their higher exams on the day required. Can you help me with that?

COVID-19 Recovery Committee

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

Meeting date: 31 March 2022

Murdo Fraser

We are conducting parliamentary scrutiny now. Professor Britton and Dr Tickell said that there was “no explanation or justification” of the provision for Henry VIII powers in the policy memorandum. In the absence of such an explanation in the policy memorandum, can you tell us why the Henry VIII powers are required?

COVID-19 Recovery Committee

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

Meeting date: 31 March 2022

Murdo Fraser

I will move on, as I would like to ask about the made affirmative procedure. You will know that the Delegated Powers and Law Reform Committee has commented on that and that, in evidence, Professor de Londras said that the made affirmative procedure

“is inherently problematic and should only be employed in exceptional circumstances.”

Professor de Londras also said that, if regulations were made under part 1 using the made affirmative procedure, a ministerial statement of the reasons for using that procedure, explaining the alleged urgency, should be provided. Would you accept that as a proposal for a way forward?

COVID-19 Recovery Committee

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

Meeting date: 31 March 2022

Murdo Fraser

Thank you for that response.

The level of parliamentary scrutiny and ministerial accountability go to the heart of our scrutiny of the bill. I will first follow up on the convener’s line of questioning about the use of the Henry VIII powers that are contained in the bill.

In their written evidence to the committee, Professor Britton and Dr Tickell said that this is a

“highly problematic element which has not been adequately explained or justified by the Scottish Government.”

They also said that the lack of comment on that in the policy memorandum is “remarkable”, and that

“this aspect of the proposals requires clear justification and anxious scrutiny.”

Why do you think that it is appropriate for ministers to have those sweeping Henry VIII powers when we have a clear alternative route, which is the use of emergency legislation? As you have already accepted, that route was used two years ago to put through the Coronavirus (Scotland) Act 2020 very quickly when that was required.

COVID-19 Recovery Committee

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

Meeting date: 31 March 2022

Murdo Fraser

It has been suggested that effective parliamentary scrutiny of the bill could be strengthened by, for example, a duty on Scottish ministers to appear before a relevant parliamentary committee regularly, provision for creating a bespoke parliamentary committee in charge of scrutinising the emergency response, or a duty on ministers to provide to the Parliament a draft instrument in advance of the Government laying a Scottish statutory instrument.

Those are, in effect, practices that the Government has already followed, but would you be open to them being put into legislation?

COVID-19 Recovery Committee

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

Meeting date: 31 March 2022

Murdo Fraser

Thank you.

COVID-19 Recovery Committee

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

Meeting date: 24 March 2022

Murdo Fraser

I go back to Adam Stachura from Age Scotland. We have had positive feedback there on what is being proposed. Are you generally satisfied with what is in the bill around the issue, or do additional measures need to be put in?

COVID-19 Recovery Committee

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

Meeting date: 24 March 2022

Murdo Fraser

I ask Douglas Hendry for a local authority perspective on that.

COVID-19 Recovery Committee

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

Meeting date: 24 March 2022

Murdo Fraser

Good morning, panel. I want to follow up on some of the points about digital exclusion that the convener raised. When reading the submissions, I was taken by the fact that there is a clear difference between the approach of professional organisations and bodies, which are, in the main, very relaxed—indeed, enthusiastic—about a move towards more digital engagement and that of members of the public, some of whom will have concerns. We have already talked about how that might widen inequalities in society.

I want to pick up the last point that David McNeill made, which was about the need to try to provide support for people who might already be digitally excluded. I put my question to Fiona Blair, who is here on behalf of the Association of Registrars of Scotland. What thinking has your organisation done about how a move towards online working will impact on people who are digitally excluded? What specific measures can you put in place to try to assist those who might have some difficulty?

COVID-19 Recovery Committee

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

Meeting date: 24 March 2022

Murdo Fraser

Thank you. That is helpful.