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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 13 August 2025
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Displaying 2212 contributions

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Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graham Simpson

It can indeed, but it covers such a wide area. The Education, Children and Young People Committee has already taken evidence that included a view that some of the education provisions may be unlawful. If the bill goes through, you run the risk of facing legal challenge. Even if it was just a narrow legal challenge relating to the education part, the whole thing could fall. From my point of view, I do not like the bill, full stop. From your point of view, you want to get it through, but the whole thing could fall because you have decided to lump it together and there might be a legal challenge.

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graham Simpson

We can maybe look at that.

A general question is that the bill covers a wide range of areas, from education, tenancy rights and justice to health matters. Why did you put all that in one bill and not split it up? Some things in the bill are quite far reaching. For example, on tenancy rights, you could argue that what is in the bill has nothing to do with public health and everything to do with tenancy rights and changing rental law in this country. Why not introduce a separate bill on that? Work is already going on in the area and consultations are out there. Why not do it in that way?

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graham Simpson

You are in front of me and he is not. I am asking you about your bill.

I have two more short questions. I will put something to you because of your response to the convener’s question about the power to release people from prison early. He said—rightly—that that related just to Covid but that the rest of the bill is rather wider. I will read out something that you say in the delegated powers memorandum; I am not really commenting on it, but I found it curious. In your justification for using delegated powers, you say:

“In addition to Covid, there have been relatively recent outbreaks of new diseases, SARS and MERS, and instances of contamination, such as Salisbury.”

The Salisbury situation was limited to Salisbury. Why is that in there?

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graham Simpson

I am sorry, convener—I asked about a specific aspect of the bill, and I do not think that the Deputy First Minister has addressed that point. The point is—

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graham Simpson

There has never been a need for that. You have relied on guidance. Why can you not rely on that?

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graham Simpson

I want to go back to the point about freeing prisoners early, because I am genuinely struggling to understand the logic of your position, Mr Swinney. Obviously, we do not want to be in the position of freeing people early, but your position appears to be that, if that is Covid related, we should consider doing that, and if it is not Covid related, we should not consider it.

Earlier, I read out a quote from your delegated powers memorandum. I will read out another bit:

“Delegated powers are appropriate to deal with future public health threats that could pose a significant risk to human health as they are, by their nature, unpredictable and sometimes unforeseeable.”

Your rationale for the entire bill is that the powers are needed because we do not know what will happen in the future; that could be the stuff that you listed in that document or something else. However, when it comes to releasing prisoners early, you want to restrict that power just to Covid-related matters. There appears to be no logic to that.

Delegated Powers and Law Reform Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 8 March 2022

Graham Simpson

It is an illogical position. It would be more logical to remove that provision entirely from the bill.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 8 March 2022

Graham Simpson

Did the instrument appear in the committee papers a couple of weeks ago, or was that something similar?

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

The next provision relates to vaccination and immunisation. According to the policy note, the regulations allow people to be vaccinated or immunised against “any disease”, not just Covid, by someone who is not a medical practitioner. Can you explain the practicalities around that provision?

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

That is useful. The next section relates to education institutions and childcare premises. Your policy note says:

“To date the power to give “educational closure directions” ... has not been used. It is considered unnecessary to extend this power in addition to the power to give educational continuity directions”.

That is fine; you do not want that power. However, you do want powers to close boarding accommodation and student accommodation. Why do you need those powers?