Seòmar agus comataidhean

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

Is the committee content with the instruments?

Members indicated agreement.

Under agenda item 3, we are considering a further instrument laid under the European Union (Withdrawal) Act 2018. In this case, the committee is considering whether the appropriate category has been applied to the draft regulations. The instrument has been categorised by the Scottish Government as being of medium significance. Is the committee content that the SSI has been categorised properly?

Members indicated agreement.

Under agenda item 4, we are considering three made affirmative instruments. An issue has been raised on the following instrument.

Both instruments have been laid under the negative procedure and are considered by the Scottish Government to be of low significance. Is the committee content that the appropriate scrutiny procedure has been applied to the instruments and that the SSIs are of low significance?

Members indicated agreement.

Welcome to the Delegated Powers and Law Reform Committee’s ninth 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.

As we are meeting both in the Parliament and online, I appreciate that it will be more challenging for members appearing online to indicate agreement to the items being discussed. I therefore ask members who are appearing on BlueJeans to raise their hand if they are not content when questions are put.

The first item of business is to decide whether to take items 8 and 9 in private. Is the committee content to take those items in private?

Members indicated agreement.

Under agenda item 2, we are considering two instruments laid under the European Union (Withdrawal) Act 2018. The committee is considering whether the appropriate scrutiny procedure and the appropriate category have been applied to the following Scottish statutory instruments.

The instrument makes a number of changes to the principal international travel regulations, which are the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021 (SSI 2021/322), including expanding the criteria for defining “eligible vaccinated arrivals” and amending the exemptions that are in place for diplomatic personnel, their staff and dependents in relation to the 26th United Nations climate change conference of the parties, or COP26.

Regulation 4(d) inserts paragraph (4A) into regulation 3 of the principal regulations. As amended, regulation 3 provides that a person is an eligible vaccinated arrival if, among other things, they are

“a person who, by virtue of a determination made in accordance with ... (i) the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 ... , or (ii) the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ... , is not vaccinated for medical reasons”.

As neither of those sets of regulations makes explicit provision for such a determination to be made, it could be clearer how and by whom an exemption from vaccination on medical grounds is made in accordance with a determination made under either of those sets of regulations.

In written correspondence with the committee, the Scottish Government stated that the position is set out in guidance to which travel operators or persons that are responsible for premises must have regard, and that it considers that the guidance makes clear the process for obtaining and evidencing a medical exemption in accordance with the requirements regulations and the English international travel regulations.

Does the committee nevertheless wish to draw the instrument to the attention of the Parliament on reporting ground (h), in that the instrument’s meaning could be clearer as there is no reference to any determination in respect of exemption from vaccination on medical grounds in either of the sets of regulations that are cited in regulation 4(d)?

Members indicated agreement.

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

Is the committee content with the instruments?

Members indicated agreement.