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Chamber and committees

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 20 June 2025
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Displaying 2042 contributions

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Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

Another crucial point is about whether we want to cede emergency powers to a Government or to councils and to let them become the norm.

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

Those are emergency powers that were put in place for a variety of reasons and yet, in this case, you never used them; you relied on guidance. I cannot see why you would require to hang on to powers that, throughout the pandemic, you never used.

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

The other instrument that you have come before the committee to speak about relates to powers for councils with regard to premises, events and public outdoor spaces. Can you explain what those powers actually are? Given that you are about to remove pretty much all the restrictions on our daily lives鈥攆ace coverings will be the final one to go鈥攚hy on earth would councils require to hang on to those powers for another six months?

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

If you have that range of powers, why do you need these?

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鈥攏ot 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?