Chamber and committees

The instrument makes a number of changes to the principal international travel regulations, which are the Health Protection (Coronavirus) (International Travel and Operator Liability) (Scotland) Regulations 2021 (SSI 2021/322), including expanding the criteria for defining “eligible vaccinated arrivals” and amending the exemptions that are in place for diplomatic personnel, their staff and dependents in relation to the 26th United Nations climate change conference of the parties, or COP26.

Regulation 4(d) inserts paragraph (4A) into regulation 3 of the principal regulations. As amended, regulation 3 provides that a person is an eligible vaccinated arrival if, among other things, they are

“a person who, by virtue of a determination made in accordance with ... (i) the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021 ... , or (ii) the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 ... , is not vaccinated for medical reasons”.

As neither of those sets of regulations makes explicit provision for such a determination to be made, it could be clearer how and by whom an exemption from vaccination on medical grounds is made in accordance with a determination made under either of those sets of regulations.

In written correspondence with the committee, the Scottish Government stated that the position is set out in guidance to which travel operators or persons that are responsible for premises must have regard, and that it considers that the guidance makes clear the process for obtaining and evidencing a medical exemption in accordance with the requirements regulations and the English international travel regulations.

Does the committee nevertheless wish to draw the instrument to the attention of the Parliament on reporting ground (h), in that the instrument’s meaning could be clearer as there is no reference to any determination in respect of exemption from vaccination on medical grounds in either of the sets of regulations that are cited in regulation 4(d)?

Members indicated agreement.

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

Is the committee content with the instruments?

Members indicated agreement.

Under agenda item 5, we are considering six affirmative instruments. No points have been raised on the following draft instruments.

Members will note that the Plant Health (EU Exit) (Scotland) (Amendment) (No 2) Regulations 2021 were originally laid on 7 October 2021 and subsequently withdrawn and relaid following initial questions from the committee.

Is the committee content with the instruments?

Members indicated agreement.

Is the committee content with the instruments?

Members indicated agreement.

Under agenda item 6, we are considering five instruments. Issues have been raised on two of the instruments.

Members will note that the instrument was laid on Thursday 23 September 2021 and came into force the following day. Section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 requires negative instruments to be laid at least 28 days before they come into force, not counting recess periods of more than four days. That is known as the 28-day rule.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), as it has been laid less than 28 days before coming into force?

Members indicated agreement.

However, as the regulations are intended to provide access to the council tax reduction scheme on an emergency basis for those arriving from Afghanistan, is the committee also satisfied with the reasons given for the breach of the 28-day rule?

Members indicated agreement.

Again, the instrument breaches the 28-day rule, as it was laid on 28 September and came into force on 1 October.

In the Scottish Government’s letter to the Presiding Officer outlining its reasons for bringing the instrument into force so quickly, it wrote that this was due to a late announcement by the United Kingdom Government to revise the timetable for the introduction of all remaining border operating model checks that were due to commence on 1 October. Accordingly, the Scottish Government stated that, in order to avoid disruption to imports into Scotland, it was not able to comply with the 28-day rule.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), as it has been laid less than 28 days before coming into force?

Members indicated agreement.