Seòmar agus comataidhean

Good morning, and welcome to the Delegated Powers and Law Reform Committee’s 12th meeting in session 6. 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 consideration of the following instrument, which is subject to the affirmative procedure.

The regulations were laid yesterday and amend the Covid certification scheme so that it will be possible to access venues or events that are covered by the scheme by showing either proof of vaccination or exemption from the scheme—as happens now—or a recent negative test result. The Scottish Government considers it necessary to implement the change from next Monday, which is 6 December.

The Government has chosen to use the affirmative procedure rather than the made affirmative procedure on this occasion. However, the timescale does not allow for the normal scrutiny timescale for affirmative instruments. Although the committee has in the past called for the affirmative procedure to be used instead of the made affirmative procedure, that should not be at the cost of proper parliamentary scrutiny. I am minded to agree to the timetable that the Scottish Government has set out on this occasion, but I am clear that that does not set a precedent for future regulations.

Although, in the very limited time available, no points have been raised on the instrument, I reserve the committee’s right to look at it again next week, should any issues subsequently be found. We could then write to the Scottish Government to highlight anything that may emerge as a consequence.

Do colleagues have any comments on the instrument?

Does the committee also wish to welcome that the Scottish Government will lay an amending instrument in early course to rectify the error?

Members indicated agreement.

Welcome to the Delegated Powers and Law Reform Committee’s 11th meeting in session 6. Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent.

The first item of business is to decide whether to take items 4 and 5 in private. Is the committee content to take those items in private?

Members indicated agreement.

The instrument amends the Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Regulations 2003 (SSI 2003/135) in light of changes that have been made to the code of conduct for councillors and the model code of conduct for members of devolved public bodies.

Regulation 2(2) substitutes a schedule to the 2003 regulations with a new schedule, in which the registrable interests of councillors and members of devolved public bodies are described by reference to various paragraphs in the councillors code and the members code respectively.

The committee wrote to the Scottish Government to draw its attention to an error in table B of the schedule that is to be inserted by regulation 2(2). In its response, the Scottish Government confirmed that the omission of category nine, concerning close family members, was an error and has undertaken to lay an amending instrument in early course.

Full details of the error in regulation 2(2) can be read in the correspondence between the committee and the Scottish Government, which can be found in the published papers for this meeting on the committee’s website.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), in that the instrument’s drafting appears to be defective due to the error in table B of the schedule?

Members indicated agreement.

Is the committee content with the instruments?

Members indicated agreement.

Is the committee content with the instrument?

Members indicated agreement.

Also under this agenda item, no points have been raised on the following instruments.

Finally, in relation to Scottish statutory instrument 2021/410, does the committee wish to note the effect on the instrument of the United Kingdom Internal Market Act 2020, as highlighted in the policy note, and highlight that to the lead committee, which is the Net Zero, Energy and Transport Committee?

Mr Simpson wants to comment.

Thank you, Mr Simpson. I am absolutely content with your suggestions regarding highlighting the issue to the lead committee. On the point about the negative and affirmative procedure, which is the most important thing for our committee, you are correct that the affirmative procedure is not available in this instance. Writing to the lead committee is the right thing to do. It is also right to ask the lead committee to consider doing some other work on the issue. I am content to do that. Do other members agree to that approach?

Members indicated agreement.