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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 27 August 2025
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Displaying 2406 contributions

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Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

That is well said.

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

Are you basically saying that the guidance has worked during the past two years, so there is no need for permanent legislation in those areas?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

Thank you for your time. I apologise to colleagues who want to continue this very interesting conversation. I thank Megan Farr and Liam Fowley for their evidence and time this morning.

That brings the public part of our committee meeting to an end.

11:12 Meeting continued in private until 11:55.  

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

We will now hear from our second panel of witnesses as we continue to take evidence on the Coronavirus (Recovery and Reform) (Scotland) Bill at stage 1. I welcome Megan Farr, policy officer at the Children and Young People’s Commissioner Scotland, and Liam Fowley, vice-chair of the board of directors of the Scottish Youth Parliament. Unfortunately, we are a bit short of time today and we have a lot of questions, so I ask you to give us quick, brief answers—that would be fantastic. If any outstanding matters need to be followed up, that can be done in writing.

Megan Farr, in your written evidence, you say:

“states’ abilities to interfere with human rights in a time of emergency are not unlimited. Any emergency powers must be lawful, necessary, proportionate and time limited ... We therefore have considerable concerns about the proposals in this legislation which would place what were time limited emergency measures permanently into statute, for use by any future government without prior reference to Parliament.”

Would you like to expand on what you gave us in writing?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

In your submission, you say:

“We are concerned that the Bill gives Ministers responsibility to make regulations at a level of detail that cannot competently be done by government”.

Can you explain why you say that?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

Is your message, “Give us the guidance and we will act responsibly”?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

During the past two years, has there been a breakdown in the ability of local authorities to make such decisions for themselves? In your submission, you say:

“The EIS would have liked to have seen an explicit delegation to local authorities to also make decisions to close schools or move to remote platforms in the interests of safety”.

You feel that local authorities, with guidance from the centre, should be making such decisions on the basis of delegated authority, which they already have. Is that correct?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

That is very clear.

I will turn to David Belsey. In your written submission, you say:

“The EIS believes that extending such powers to issue regulations indefinitely could upset the balance of power between local authorities and the Scottish Government.”

Can you expand on that, please?

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

They do not currently have that power, which is the opposite of the intent of the bill, which is to bring powers to the centre.

Education, Children and Young People Committee

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

Meeting date: 2 March 2022

Stephen Kerr

Half the committee wants to come in but, before I bring in members, I will bring in Matthew Sweeney.