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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 23 August 2025
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Displaying 1467 contributions

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Delegated Powers and Law Reform Committee

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

Meeting date: 8 March 2022

John Swinney

That might be a necessity of its time. However, we do not particularly want to release prisoners out of the necessity of the time.

Delegated Powers and Law Reform Committee

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

Meeting date: 8 March 2022

John Swinney

Mr Simpson is free to lodge an amendment to that effect.

Delegated Powers and Law Reform Committee

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

Meeting date: 8 March 2022

John Swinney

I am simply saying that the Government would not ordinarily want to have the necessity of undertaking that in an emergency.

Delegated Powers and Law Reform Committee

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

Meeting date: 8 March 2022

John Swinney

Ultimately, the Parliament has to satisfy itself that it has the right legislative arrangements in place to deal with any given scenario. The statute book includes a number of strong characteristics, not least of which is the ability of the chief medical officer, for example, to offer his view on the situation that we face. That has influenced the judgment that was made on the construction of the bill. It is a matter for the Parliament to scrutinise and consider whether it believes that appropriate descriptions and explanations are in place in the legislation, and the Government will then consider that further.

Delegated Powers and Law Reform Committee

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

Meeting date: 8 March 2022

John Swinney

We did that because of the necessity of the situation in relation to Covid, which might require us to take particular steps, as we had to do during the Covid pandemic. As a general rule of thumb, that was not envisaged as a power that was appropriate to be included in legislation of this type on a long-term basis.

Delegated Powers and Law Reform Committee

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

Meeting date: 8 March 2022

John Swinney

We can consider that adjustment and would be likely to move towards it. The recent Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Bill took an approach in which we took explicit responsibility for setting out the rationale for the necessity of acting with urgency. I am therefore happy to consider what you suggest. It strikes me as a change that the Government would be likely to embrace, given what we did in that bill.

12:00  

Delegated Powers and Law Reform Committee

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

Meeting date: 8 March 2022

John Swinney

I am wholly committed to exploring that third way, if calling it that is not too offensive. I am very happy to do that. I might take some advice from Steven Macgregor, after saying what I am about to say, but I think that the challenge is that we would need input from the Standards, Procedures and Public Appointments Committee’s perspective on standing orders. The undertaking would then become slightly broader. I am not familiar with that committee’s workload and whether it could address that question on the same timescale as that for the scrutiny of the bill. However, if we proceed with the timetable for the bill, that will in no way dampen the Government’s willingness to participate in a discussion about putting in place an alternative procedure that is somewhere between made affirmative and expedited. I am very happy to look at how we might apply that. Does Steven Macgregor want to add anything?

Delegated Powers and Law Reform Committee

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

Meeting date: 8 March 2022

John Swinney

No. Essentially, the matter of necessity kicks in on those questions. For example, we had to face the necessity to move to a situation in which our schools did not function in the way to which we were accustomed. We would want to avoid the necessity of releasing prisoners early, because courts have decided that prisoners must serve particular sentences. No particular rationale exists as to why that provision should be there in perpetuity, because it conflicts with fundamental elements of our legislative framework and the expectations of members of the public about the nature of those circumstances and how we handle them.

Delegated Powers and Law Reform Committee

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

Meeting date: 8 March 2022

John Swinney

That is simply because those measures are not ordinary elements of policy that we would want to have in place.

Delegated Powers and Law Reform Committee

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

Meeting date: 8 March 2022

John Swinney

As I have indicated, the Government will certainly happily co-operate with all those processes.