Contents
- Attendance
- Scotland’s Strategic Framework
- Ministerial Updates on Coronavirus Legislation and Subordinate Legislation
Ministerial Updates on Coronavirus Legislation and Subordinate Legislation
We move on to take evidence on the latest ministerial statement on Covid-19, on the two-monthly report on the Coronavirus Acts and on subordinate legislation.
I welcome Elizabeth Blair, team leader for Covid co-ordination, governance and decision making in the Scottish Government, who will join the Deputy First Minister for this agenda item.
The committee will consider the following regulations that were laid over the summer recess.
Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 27) Regulations 2021 (SSI 2021/238)
Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 28) Regulations 2021 (SSI 2021/242)
Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 29) Regulations 2021 (SSI 2021/252)
Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 30) Regulations 2021 (SSI 2021/255)
Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 31) Regulations 2021 (SSI 2021/262)
Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 32) Regulations 2021 (SSI 2021/263)
Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 (SSI 2021/277)
Coronavirus (Scotland) Act 2020 (Early Expiry of Provisions) Regulations 2021 (SSI 2021/214)
Coronavirus (Scotland) Act 2020 (Early Expiry of Provisions) (No 2) Regulations 2021 (SSI 2021/236)
The Coronavirus (Extension and Expiry) (Scotland) Act 2021 (Evidence) (Saving Provision) Regulations 2021 (SSI 2021/280)
Coronavirus Act 2020 (Suspension: Disposal of Bodies) (Scotland) Regulations 2021 (SSI 2021/250) [Laid Only]
Deputy First Minister, would you like to make any remarks before we move to questions?
I will make some remarks on the Scottish statutory instruments, six of which amended the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (SSI 2020/344). The six instruments made various adjustments to the levels rules that were in place at the time and were then removed when we moved beyond level 0 on 9 August. In order to assist the committee, I will run through the changes made by the regulations.
The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 27) Regulations 2021, which came into force on 11 June, made provision for local authority officers to have a power of entry in relation to restrictions on stadia and events. The regulations also adjusted the physical distancing requirements in place at Hampden stadium and at Glasgow Green during the Union of European Football Associations championship.
The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 28) Regulations 2021 removed travel restrictions in relation to the Republic of Ireland and Bedford in England, and introduced travel restrictions in relation to travel to and from Manchester and Salford. Those regulations came into force on 18 June.
The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 29) Regulations 2021 came into force on 26 and 28 June and made a number of changes including adjusting physical distancing requirements at funerals and for an event at Murrayfield, extending hospitality opening hours for the knockout stages of the Euros and adjusting the face covering rules at weddings and civil partnerships.
The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 30) Regulations 2021 removed all travel restrictions in relation to Bolton, Manchester and Salford on 30 June.
The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 31) Regulations 2021 adjusted the physical distancing requirements at the Scottish Open golf championship and removed travel restrictions in relation to Blackburn and Darwen. Those regulations came into force on 8 July.
The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 32) Regulations 2021 came into force on 19 July. The regulations moved all of Scotland into level 0 and made various adjustments to the levels regulations. Physical distancing requirements were reduced to 1m indoors and outdoors. The regulations also removed the requirement for physical distancing between people in a gathering of up to 15 people outdoors. They provided that children under the age of 12 years did not count for the purpose of calculating the number of households permitted for gatherings indoors, and altered hospitality trading times at level 0.
As the committee knows, we were able to move beyond level 0 on 9 August. At that point, baseline measures were put in place in the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021, which set out four sets of legal requirements as baseline measures.
First, relevant hospitality and entertainment premises are required to obtain and record customer information for a period of at least 21 days for the purpose of preventing the spread of coronavirus or monitoring the spread of infection and the incidence of coronavirus disease.
Secondly, the regulations require persons responsible for places of worship, carrying on a business or providing a service to have regard to relevant guidance issued by the Scottish ministers and available on the Scottish Government website about measures to minimise risk of exposure to coronavirus.
Thirdly, the regulations also provide that people in specified indoor places and on public transport must wear a face covering unless a specific exemption applies.
Finally, the regulations cap numbers at live events at 5,000 people for events held outdoors and at 2,000 people for events held indoors, subject to local authority approval of higher attendance limits. The Scottish ministers are also provided with powers to call in applications for exemption from capacity.
The new regulations, like the previous levels regulations, provide for enforcement of the requirements. The new regulations also provide that the requirements must be reviewed at least once every 21 days and that the Scottish ministers must revoke any requirement as soon as it is no longer necessary. The first review had to take place by 30 August. The regulations remain in force, but we are keeping the requirements under review.
Finally, I inform the committee that the Scottish Government’s report on the Coronavirus (Extension and Expiry) (Scotland) Act 2021 will be laid before the Parliament tomorrow. That will fulfil the requirement in sections 5 and 7 of the act to lay a one-off report before the Scottish Parliament one month after the act has received royal assent.
I am happy to answer any questions that the committee may have about the regulations.
Thank you, Deputy First Minister. Will the committee be able to consider secondary legislation on vaccine passports, or will that be considered by means of a motion taken in the chamber? If subordinate legislation is forthcoming, what is the timescale for that and will it be subject to the affirmative procedure, rather than the emergency made affirmative procedure?
The committee may well have to consider SSIs on the issue. Obviously, the purpose of a plenary debate is to seek parliamentary approval in principle for the approach that the Government is taking, in recognition of the very different and distinctive character of the decision, but any other requirements for legislative provision or enforcement will require to come to the committee and to the Delegated Powers and Legislative Reform Committee. The Government will fulfil all requirements in that respect.
I cannot answer today as to whether the emergency procedure will be required, but I will answer when we have come to conclusions on that point, and we will advise the committee of that.
Thank you. Other members have questions.
My question is on SSI 2021/277, which requires, subject to some exemptions, that face coverings should still be worn in some indoor spaces. That was the subject of some discussion in the Parliament’s Delegated Powers and Law Reform Committee on Tuesday of this week. It identified that
“The guidance ... states that face coverings are not required to be worn while dancing in a nightclub or dance hall. However, a specific exemption for dancing is not listed in the instrument.”—[Official Report, Delegated Powers and Law Reform Committee, 31 August 2021; c 2.]
I ask for clarity on that issue. Has there been an omission from the terms of the instrument?
I will have to look in detail at the point that Murdo Fraser has raised. The regulations will have been framed in an attempt to provide the greatest degree of clarity and certainty about their policy purpose. The intention will have been to draft on that basis. Elizabeth Blair may want to add to my comments.
The regulations provide an exemption to the face covering requirements if a person is exercising. That is the basis on which a face covering is not required when a person is dancing.
Thank you for that answer. I suppose that the question is then, “When is dancing not dancing?” Perhaps that question is for Michael Gove, rather than for the Deputy First Minister. However, if there is an exemption for people who are exercising, does that apply to people who are walking, for example? What constitutes exercise?
The difference and distinction are in the greater degree of physical participation beyond what would be considered routine elements of everyday human function, such as walking.
Thank you. I am sure that we could pursue the matter in great detail, but I think that the discussion highlights the need for a degree of precision in relation to the drafting of the instruments.
It is exactly as Elizabeth Blair said. It is a commonsense exemption for exercise. Walking to the bathroom in a nightclub is not exercise, but walking on a treadmill in a gym is. We are asking people to use their common sense. People are exempted from wearing face coverings if they are eating, drinking or exercising.
As no other member has any questions, that concludes our consideration of this agenda item. I thank the Deputy First Minister and his officials for their evidence.
Thank you.
The next agenda item is consideration of motions to recommend approval of the made affirmative instruments that we have just discussed. Deputy First Minister, would you like to make any further remarks on the SSIs before we consider the motions?
No, convener.
Are members content for motions S6M-00695, S6M-00694, S6M-00693, S6M-00692, S6M-00702, S6M-00701 and S6M-00901 to be moved en bloc?
Members indicated agreement.
Motions moved,
That the COVID-19 Recovery Committee recommends that the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 27) Regulations 2021 (SSI 2021/238) be approved.
That the COVID-19 Recovery Committee recommends that the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 28) Regulations 2021 (SSI 2021/242) be approved.
That the COVID-19 Recovery Committee recommends that the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 29) Regulations 2021 (SSI 2021/252) be approved.
That the COVID-19 Recovery Committee recommends that the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 30) Regulations 2021 (SSI 2021/255) be approved.
That the COVID-19 Recovery Committee recommends that the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 31) Regulations 2021 (SSI 2021/262) be approved.
That the COVID-19 Recovery Committee recommends that the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 32) Regulations 2021 (SSI 2021/263) be approved.
That the COVID-19 Recovery Committee recommends that the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 (SSI 2021/277) be approved.—[John Swinney]
Motions agreed to.
The committee will in due course publish a report to the Parliament setting out our decisions on the statutory instruments considered.
That concludes our consideration of this agenda item and our time with the Deputy First Minister. Thank you for your attendance.
Thank you.
I suspend the meeting briefly to allow the witnesses to leave the meeting.
11:00 Meeting suspended.11:01 On resuming—
The final agenda item is consideration of the evidence that we heard earlier on three negative instruments: the Coronavirus (Scotland) Act 2020 (Early Expiry of Provisions) Regulations 2021 (SSI 2021/214); the Coronavirus (Scotland) Act 2020 (Early Expiry of Provisions) (No 2) Regulations 2021 (SSI 2021/236); and the Coronavirus (Extension and Expiry) (Scotland) Act 2021 (Evidence) (Saving Provision) Regulations 2021 (SSI 2021/280).
As these are negative instruments, the Parliament has 40 days to consider a motion to annul them. We have taken evidence on the instruments from the Deputy First Minister and motions to annul the instruments have not been lodged.
If no member has any comment, is the committee content that this concludes our scrutiny of the negative instruments?
Members indicated agreement.
Thank you. That concludes our business. Our next meeting will be on 9 September, when we will take evidence from the Cabinet Secretary for Net Zero, Energy and Transport on international travel regulations.
Meeting closed at 11:03.Previous
Scotland’s Strategic Framework