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Chamber and committees

Health, Social Care and Sport Committee


Provisional Common Framework on Public Health Protection and Health Security

Letter from Cabinet Secretary for Health and Social Care sharing the Provisional Common Framework on Public Health Protection and Health Security, 21 October 2021

Dear Gillian

On 10 December 2020, the then Cabinet Secretary for Health and Sport wrote to your predecessor with a summary of the proposed Common Framework on Public Health Protection and Health Security. I am now writing to share the text of the provisional Common Framework on Public Health Protection and Health Security with your Committee.

My officials, together with their counterparts in the UK Government, Welsh Government and the Northern Ireland Executive have been working jointly to develop the Common Framework on Public Health Protection and Health Security. The provisional framework was confirmed by the Joint Ministerial Committee (European Negotiations) (JMC(EN)) on 04 March 2021. I am sharing this provisional framework for your Committee to scrutinise.

The provisional framework consists of a Framework Outline Agreement and Memorandum of Understanding. Please find an updated cover page attached, with the Framework Outline Agreement and Memorandum of Understanding included as annexes. My officials are happy to provide any further information if that would be helpful.

I am copying this letter and all attachments to Clare Adamson MSP, Convener of the Constitution, Europe, External Affairs and Culture Committee, due to the Committee’s interest in the overall UK Common Framework programme.

Humza Yousaf
Cabinet Secretary for Health and Social Care

Common Framework on Public Health Protection and Health Security

1. Framework ownership

● Framework name: Common Framework on Public Health Protection and Health Security
● Portfolio Minister: Cabinet Secretary for Health and Social Care
● Framework lead policy team (incl. contact details): Health Protection Unit, [email protected]
● Lead Committee: Health, Social Care and Sport
● Additional Committees with interest: Constitution, Europe, External Affairs and Culture Committee

2. Points for the Parliamentary committees to note

a. Procedural

● Date of JMC(EN) sign-off of the provisional framework: 04 March 2021

b. Content

● Purpose of the framework: to ensure continued cooperation on serious cross-border threats to health within the UK following the end of the Transition Period and a robust UK-wide regime on public health protection and health security.
● Relevant legislation – The Health Security (EU Exit) Regulations 2021 came into force on 01 September 2021. The Regulations repeal retained EU law on health security which no longer operates effectively in the UK, and introduce a standalone regime which requires the four nations to coordinate surveillance, prevention and control of serious cross-border threats to health. Under the Protocol agreed between SG and the Scottish Parliament, the Health and Sport Committee gave approval for this SI to be laid following a Committee session on 23 March 2021.
● Stakeholder engagement.

○ As this framework is focused on the practical relationships between the four administrations, and the four national public health agencies there has been extensive collaboration between those parties in the development of the framework.
○ The following stakeholders were provided with a summary of the framework in January 2021 and asked to provide feedback, in particular highlighting any areas of concern:
■ Animal and Plant Health Agency
■ Police Scotland
■ Scottish Fire and Rescue Service
■ Scottish Environment Protection Agency
■ The Crown Office and Procurator Fiscal Service
■ The Care Inspectorate
■ COSLA
■ Directors of Public Health at all NHS Boards
■ Food Standards Scotland
○ No concerns were raised.
○ COSLA noted that there is nothing of concern to them in the framework. They did highlight that the application of the framework may have an impact on local government and would expect to be consulted in that event. SG responded that consultation and feedback from local authorities and professional bodies would be invaluable in the application of the framework.
○ As noted, all parties to the Framework have cooperated closely in its development, and there are no significant issues of Scottish-specific concern presented in the final version; there were also no significant divergences during the development process.
● Lords Select Committee: The Common Frameworks Scrutiny Committee took evidence on three health frameworks, including this one on 25 May 2021. The transcript of the session can be found here.

Common Framework Outline Agreement