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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 5 April 2025
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Displaying 1828 contributions

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Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

Thanks, convener, and thank you for coming along this morning, Mr Swinney.

I want to start by asking you about the made affirmative versus affirmative procedure business, so that we have your comments on the record. In that respect, I will focus on the Coronavirus Act 2020 (Alteration of Expiry Date) (Scotland) Regulations 2022 (SSI 2022/40). Although the instrument was laid under the made affirmative procedure, the Government has now accepted what it did not accept at the start of the process, which is that it could have used the affirmative procedure. In reality, it makes no practical difference, given the timescale that you have allowed, but you accept that you could have used the affirmative procedure in this case.

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

But that was, in fact, incorrect.

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

It sounds eminently sensible, like something that you might want to keep in perpetuity.

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

Obviously, with the mass vaccination scenario that we have had there needs to be that flexibility.

11:45  

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

You are asking for an extra six months for a power that you never used during a pandemic that was, at times, pretty hairy and scary for people—not so much now, thankfully. You want to hang on to powers that were never used while you relied on guidance. I have not heard a justification for that.

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

I would not wish you to repeat yourself.

I have one more question. I have an issue with that provision, although I can see the validity of those that we discussed earlier. Have you considered, or would you consider splitting up the regulations, so that parliamentarians who feel able to support some of them, but not all, would be able to do so?

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

I am not really sure whether that was a yes or a no; I think that it was a no.

Convener, I have not touched on the local authorities instrument. If somebody else wants to pick up on that, that is fine, but I am happy to ask about that instrument if you want.

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

Bring in Bill Kidd. My question was on the other instrument.

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

Thank you.

Delegated Powers and Law Reform Committee

Instruments subject to Made Affirmative Procedure

Meeting date: 1 March 2022

Graham Simpson

That was a very useful session that we had with the Deputy First Minister just now.

The instrument deals with a number of areas. I could be content with some of them, but there is one that I am really not comfortable with, which is the power to close student accommodation and boarding accommodation. As we heard during the earlier discussion, the power has never been used during the entire pandemic—the Government has relied on guidance—so I can see no justification for hanging on to it for another six months. I do not think that Mr Swinney made a compelling argument for doing so. If the Government did not use a power—which was an emergency power—during the height of the pandemic, I can see no justification for hanging on to it now that we are in a much better place than we have been.

The instrument throws up the issue of what happens when we, as parliamentarians, are asked to approve instruments that contain a number of provisions, some of which we like and some of which we do not. There needs to be some flexibility in the system to allow us all to pick and choose. If that could be reported to the lead committee, that would be useful.

On the basis that I do not like one of the provisions, I will vote against the instrument, but I would much rather have the ability to pick off any provisions that I do not like. However, that option is unfortunately not available to us. On that basis, I will vote against it.