Letter from the Convener to the Convener of COVID-19 Recovery Committee, 1 December 2021
Dear Siobhian
At its meeting on Tuesday 30 November 2021, the Delegated Powers and Law Reform Committee considered the Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 4) Regulations 2021 (SSI 2021/draft). While the Committee had no comments on the SSI under its technical remit, it agreed to write to you as Convener of the COVID-19 Recovery Committee in relation to your Committee’s scrutiny of the policy implications of the Regulations.
As you will know, these Regulations were laid on Monday and amend the Covid certification scheme so that it will be possible to access venues or events covered by the scheme by showing either proof of vaccination (or exemption from the scheme), as now, or a recent negative test result. The Scottish Government consider it necessary to implement this change from next Monday, 6 December.
In its discussion on the instrument, Members noted that people providing a record of a negative test are not required to provide proof that they in fact took the test. The policy intent behind the Regulations, such as reducing the risk of transmission of the Coronavirus, might therefore not be achieved given that the scheme relies on “good will and honesty rather than science or proof.” The Committee nevertheless recognised that it is for the COVID-19 Recovery Committee to consider whether the aims of the legislation can be achieved.
Finally, as you know the Scottish Government has chosen to use the affirmative procedure rather than made affirmative on this occasion. The expedited timescale - 4 days for the Parliament to consider the instrument rather than 40 days as would normally be the case for an affirmative SSI - is far from ideal. I therefore said on the record yesterday that while the Committee has in the past called for the affirmative rather than made affirmative procedure to be used, this should not be at the cost of proper parliamentary scrutiny. I agreed to the timetable set out by the Scottish Government on this occasion, but I am clear that this does not set a precedent for consideration of future regulations. I hope this is helpful.
Yours sincerely
Stuart McMillan MSP