The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 2813 contributions
Delegated Powers and Law Reform Committee
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
Meeting date: 1 March 2022
Graham Simpson
But that was, in fact, incorrect.
Delegated Powers and Law Reform Committee
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
Meeting date: 1 March 2022
Graham Simpson
Obviously, with the mass vaccination scenario that we have had there needs to be that flexibility.
11:45Delegated Powers and Law Reform Committee
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
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
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
Meeting date: 1 March 2022
Graham Simpson
Bring in Bill Kidd. My question was on the other instrument.
Delegated Powers and Law Reform Committee
Meeting date: 1 March 2022
Graham Simpson
Thank you.
Delegated Powers and Law Reform Committee
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鈥攖he Government has relied on guidance鈥攕o 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鈥攚hich was an emergency power鈥攄uring 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.