Chamber and committees

While recognising that any primary legislation would likely have to be expedited, that could provide greater options for parliamentary scrutiny while also taking into account the specific nature of the current situation. Can you set out how you decided to include delegated powers in the bill, rather than introduce primary legislation at the point of necessity?

Under agenda item 2, we will take evidence from the Deputy First Minister and Cabinet Secretary for Covid Recovery, John Swinney MSP, on the Coronavirus (Recovery and Reform) (Scotland) Bill at stage 1.

Mr Swinney is accompanied by a number of officials. In the room are Steven Macgregor, head of the parliament and legislation unit, and Rachel Rayner, deputy legislation co-ordinator in the Scottish Government legal directorate. Joining us online are three policy leads on the bill: Clare Morley, Craig Robertson and Erin McCreadie. I welcome you all to the meeting.

I invite the Deputy First Minister to make some opening remarks.

The fifth delegated power, at paragraph 24(1) of the schedule to the bill, is the power to release a person early from a prison or young offenders institution. It is related only to Covid, as you indicated, whereas the other four powers are to be permanent. Can you explain the reasoning behind that?

I have been trying to clarify the timescale for stages 2 and 3 of the bill. Do you have that information to hand?

Is the committee content with the instrument?

When the committee considers delegated powers in any bill, its first question is always whether or not it is appropriate to delegate the powers in the first place. There are five powers in the bill that would allow the made affirmative procedure to be used, as you have indicated. Can you explain why you considered it appropriate to delegate those powers?

Good morning, and welcome to the seventh meeting in session 6 of the Delegated Powers and Law Reform Committee. I remind everyone present to switch mobile phones to silent.

The first item of business is to decide whether to take agenda items 6, 7 and 8 in private. Is the committee content to take those items in private?

Members indicated agreement.

Thank you, Deputy First Minister. I will start with questions and then hand over to colleagues.

In respect of the first set of regulations—the made affirmative regulations—section 38(2) and part 2 of schedule 17 to the Coronavirus Act 2020 relate to the power of the Scottish ministers to give directions regarding the continuity of education and childcare. Have the powers under that section been greatly used since the act came into being? Do you anticipate those powers being used during the six-month extension?

As we progress through the year, if it were recognised that the powers were not needed, would the Scottish Government consider laying regulations to remove those powers?

Thank you, Deputy First Minister.