Seòmar agus comataidhean

Under agenda item 3, we are considering five instruments, on which no points have been raised.

Under agenda item 2, we are considering three instruments. An issue has been raised on the following instrument.

Under agenda item 4, we are considering nine instruments, on which no points have been raised.

You raise a number of points. Some of your concerns relate to policy issues and others relate to the route by which the instrument has been brought to the Parliament. Clearly, it would be for the relevant committee to put questions on the policy matters to the Deputy First Minister.

The regulations came up in the committee before we knocked off for the February recess. There were two options for the instrument to come to us. It could have come as a made affirmative instrument or through the expedited affirmative process. I agreed to the latter, so that there could be some dialogue with the committee and so that we could undertake our role better.

I am content with the instrument, given the opportunity that we have had to discuss it. The recommended action is that we do not draw it to the attention of the Parliament. If colleagues have any other comments to make, I am happy to hear them.

It is clear that there will be a division on whether we wish to make no recommendations in relation to the Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No 4) Regulations 2022.

For

Kidd, Bill (Glasgow Anniesland) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Sweeney, Paul (Glasgow) (Lab)

Against

Golden, Maurice (North East Scotland) (Con)
Hoy, Craig (South Scotland) (Con)

Do members have any comments on any of the instruments?

Welcome to the Delegated Powers and Law Reform Committee’s sixth meeting in 2022. We have received apologies from Graham Simpson, and I welcome back Maurice Golden as a committee substitute. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent.

The first item of business is a decision on whether to take items 6 and 7 in private. Is the committee content to take those items in private?

Members indicated agreement.

The instrument extends the expiry date of various provisions of the Coronavirus Act 2020 that apply in Scotland, from 24 March 2022 to 24 September 2022. In correspondence with the Scottish Government, the committee asked two questions related to the instrument. First, clarification was sought on the statement in the accompanying policy note that only the made affirmative procedure was available for the instrument. Secondly, the committee sought clarification on the extension of the expiry, by regulation 2(a) of the instrument, of section 18(2) of the 2020 act and part 2 of schedule 13 to the act.

In response, the Scottish Government first confirmed that section 95(5) of the Coronavirus Act 2020 gives a choice between the affirmative and made affirmative procedures.

Secondly, the Scottish Government acknowledged that regulation 2(a), read on its own, implies that the transitional provisions in paragraphs 15 and 16 of schedule 13, and section 18(2) and paragraph 10 of that schedule so far as it relates to paragraphs 15 and 16, are also extended to 24 September 2022. However, the lead-in text to regulation 2 makes clear explicitly that the instrument, and so regulation 2(a), extends the relevant provisions only

“when they would otherwise expire by virtue of section 89 of the Act”.

The Scottish Government thanked the committee for drawing this matter to its attention. It has since laid an amended policy note to clarify that a choice of procedure is available and to add an explanation of the combined effect of regulation 2(a) of the instrument and section 89(2)(s) of the Coronavirus Act 2020.

Do members have any comments on the instrument?

No problem.

As there are no other comments, and notwithstanding the vote that we just had and the points that Mr Hoy has just made, is the committee content with the instruments?

Members indicated agreement.

Is the committee content with the instruments?

Members indicated agreement.

We are going to contact the DFM, so we can highlight that particular instrument.