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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

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

So this just gives people the option to register a death remotely.

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

Okay. I thought that it might be useful to go through the instrument in question, which contains a number of provisions, and to hear your thoughts on each of them. I might not cover them all, but I will go through them quickly. Some are quite straightforward.

The first provision relates to the ability to register deaths and stillbirths remotely. Does that give people a choice? Does it have to be done remotely, or can people still pop into an office to register a death or stillbirth in person?

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

The instrument gives councils a power over public outdoor spaces, and we could describe parks in that way. Why would councils need powers to do anything in public outdoor spaces for the next six months?

Delegated Powers and Law Reform Committee

Evidence

Meeting date: 1 March 2022

Graham Simpson

You have not, however, used those powers.

Delegated Powers and Law Reform Committee

Instruments subject to Affirmative Procedure

Meeting date: 1 March 2022

Graham Simpson

As we heard earlier, the instrument extends the powers given to councils for another six months in relation to premises, events and public outdoor spaces. Given where we are with the health situation, I cannot see a justification for councils hanging on to those powers for another six months. In the circumstances, I will vote against the instrument.

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.