Chamber and committees

No points have been raised on the instrument. Given the evidence that we heard earlier from Mr Swinney in relation to the regulations, do members have any comments to make?

Is the committee content with the instrument?

Members: No.

There will be a division on whether we wish to make no recommendations in relation to the Coronavirus Act 2020 (Alteration of Expiry Date) (Scotland) Regulations 2022.

For

Kidd, Bill (Glasgow Anniesland) (SNP)
McMillan, Stuart (Greenock and Inverclyde) (SNP)
Sweeney, Paul (Glasgow) (Lab)

Against

Hoy, Craig (South Scotland) (Con)
Simpson, Graham (Central Scotland) (Con)

The result of the division is: For 3, Against 2, Abstentions 0.

The committee therefore agrees to make no recommendation. However, members’ concerns about the instrument have been expressed and will be noted on the record. A report will be published and sent to the lead committee, and those concerns will be noted in it.

Also under this agenda item, no points have been raised on the following instrument.

Is the committee content with the instruments?

Members indicated agreement.

Under agenda item 2, we will take evidence from the Deputy First Minister and Cabinet Secretary for Covid Recovery, John Swinney MSP, on two Scottish statutory instruments deferred from last week’s meeting: the Coronavirus Act 2020 (Alteration of Expiry Date) (Scotland) Regulations 2022, which is a made affirmative SSI, and the draft Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Amendment Regulations 2022, which is an affirmative SSI.

Mr Swinney is accompanied by two Scottish Government officials. Elizabeth Blair is unit head, Covid co-ordination, and Graham Fisher is deputy director of the directorate for legal services. I welcome you all to the meeting.

As the Deputy First Minister knows, this session is a chance for members to ask questions about the two instruments, which were deferred from last week. Obviously, the committee is focused on whether the instruments are correct as a matter of law, including whether the correct procedure has been applied. The COVID-19 Recovery Committee will focus on the wider policy issues. It is likely to take evidence on the instruments on Thursday 17 March.

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

The procedure for the draft Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No 4) Regulations 2022, which the committee discussed last week, is an example of the expedited affirmative procedure. That procedure was certainly unusual for our committee to undertake. Discussions between our officials, Government officials and parliamentary officials regarding the procedures available to the committee are under way and we will get more feedback in due course.

Does Graham Simpson have something to say on that particular issue? I was going to bring in Bill Kidd.

There are no further questions for you, Deputy First Minister. I thank you and your officials for coming to the committee this morning.

Under agenda item 3, we are considering two Scottish statutory instruments.

As well as holding the evidence session with the Deputy First Minister just now, the committee previously exchanged written correspondence with the Scottish Government. That correspondence can be read in paper 1 for this meeting and it led to the Scottish Government revising its policy note. Do members wish to make any further comments on the regulations?