Legislation in the Scottish Parliament proposing the permanent
adoption or temporary extension of some measures enacted during
the pandemic to support Scotland’s recovery from Covid has passed
its first stage.
MSPs voted to support the general principles of the Coronavirus
(Recovery and Reform) (Scotland) Bill, which proposes changes in
around 30 specific legislative areas temporarily modified by
Scottish and UK coronavirus legislation.
Speaking at the Stage One debate on the Bill, Deputy First
Minister and Covid Recovery Secretary confirmed the Government will
strengthen parliamentary oversight of key provisions with
amendments at the Bill’s next stage of scrutiny.
This would mean that any regulations engaging the so-called
‘Henry VIII’ powers, that allow Ministers to modify primary
legislation on public health grounds would require Parliamentary
approval before they could come into force.
Key aspects of the public health protection powers and
educational continuity powers in the Bill would also be subject
to a vote as part of a ‘gateway’ mechanism, to ensure the powers
could only be used with parliamentary authorisation in the event
of a future public health threat.
Mr Swinney said:
“This Bill aims to update our statute book, based on lessons
learned during the pandemic, to support Scotland’s recovery. I am
pleased Parliament has voted to support its general principles.
“While it is vital that Government has the legal powers required
to protect the public in the event of any future public health
threats, it is equally important that Parliament has the
opportunity to scrutinise the use of those powers.
“To ensure that necessary parliamentary oversight is in place,
the Government will bring forward amendments to introduce a
‘gateway vote’ mechanism which would mean that key aspects of the
public health protection and educational continuity powers would
only have effect if a parliamentary vote, on a formal Government
declaration, is held and approved.”
Background
Links to the Bill, the
consultation analysis report and other Bill documentation are
available here.
Following today’s Stage 1 vote, the Coronavirus (Recovery and
Reform) (Scotland) Bill will proceed to amendments at Stage 2 and
Stage 3 before a final vote of Parliament to pass the Bill.
Where the Bill allows for regulations to be enacted immediately
under the ‘made-affirmative’ procedure, an explanation will be
required as to why Ministers consider the regulations need to be
made urgently.
Measures proposed in the Bill for permanent adoption or temporary
extension include:
- maintaining provisions that enable Scottish Ministers to
enact measures via public health regulations for any future
public health threats, bringing Scotland into line with England
and Wales where these powers are already permanent
- ensuring Ministers have powers in relation to educational
establishments (schools, childcare, and Further and Higher
Education), school boarding accommodation and student
accommodation, to enable them to take action to protect public
health and ensure the continuity of educational provision, and
mitigate against wider harms caused by threats to public health
- maintaining pre-eviction protocols relating to rent arrears
in the private rented sector, ensuring that tenants have all the
information they need about their rights, and placing more
responsibility on landlords to ensure correct procedures are
followed
- a temporary extension to statutory time-limits for criminal
proceedings and provision for certain hearings to be held over
audio or video link, to help manage the backlog of cases arising
from the pandemic and ensure cases can continue to be heard,
through greater flexibility in the programming of court business
- maintaining remote registration of deaths and still-births by
phone or other methods, without the need to go to a registration
office in person, in addition to a new proposal to extend this
flexibility to live births
- adjusting the minimum debt level that an individual must owe
before a creditor can make them bankrupt from £10,000 to £5,000,
up from £3,000 pre-pandemic
- giving licensing boards the flexibility to be able to hold
remote hearings, where they consider it appropriate
