Chamber and committees

An issue has been raised on SSI 2021/301. Regulation 4(b) inserts a new paragraph 9 into regulation 5F of the Health Protection (Coronavirus) (International Travel) (Scotland) Regulations 2020. New paragraph 9 provides for the definition of “private provider” in respect of Covid-19 day 2 and day 8 test providers. As currently drafted, new paragraph 9(b) refers to

“private day 2 and day 2 test providers”,

which should be “private day 2 and day 8 test providers”.

The Scottish Government advised that that would be rectified in a forthcoming amending instrument. SSI 2021/307 was laid before the Parliament on Friday 10 September and includes provision rectifying the error. That instrument will be considered by the committee in due course.

Are members content to report SSI 2021/301 under the general reporting ground due to a typographical error in regulation 4(b), while also noting that the Scottish Government has rectified the error?

Members indicated agreement.

No points have been raised on the instrument. Is the committee content with it?

Members indicated agreement.

No points have been raised on the instrument. Is the committee content with it?

Members indicated agreement.

We come to agenda item 3.

Thank you very much for that, minister. I will start the questions by asking about the draft Social Security (Residence Requirements) (Afghanistan) (Scotland) Regulations 2021, which came to the committee late last night. The instrument is on our agenda and we will discuss it later. Clearly, the situation in Afghanistan is urgent. As a committee, we are keen to understand whether you anticipate that more instruments on Afghanistan will be coming in the weeks and months ahead.

The draft regulations were laid by the Scottish Government very late in the day yesterday. The Department for Work and Pensions is introducing regulations to allow those evacuated from Afghanistan to have immediate access to social security assistance where they enter the United Kingdom. The SSI has been laid to ensure parity of access to benefits for which the Scottish ministers have responsibility. The Scottish Government is seeking to have the changes come into force tomorrow.

Although, in the very limited time available, no points have been raised on the instrument, I reserve the right for the committee to look at it again next week should any issues subsequently be found. We could then write to the Scottish Government to highlight them.

Taking all that into account, is the committee content with the instrument?

Members indicated agreement.

We come to agenda item 5.

Thank you. The session 5 committee regularly highlighted to ministers the quality of drafting of secondary legislation and saw a general reduction in errors, which you touched on in your opening comments. The Government has clearly been under pressure to introduce legislation quickly in order to respond to the coronavirus pandemic. What are your plans to ensure that the quality of SSIs remains high?

Thank you. For anyone who is watching who might be interested, the letter that was referred to was published on the committee web page this morning. That letter was extremely useful, as was the discussion that we had prior to the committee returning after the recess.

A particular element of the work of the SLC that it might be useful for people to understand is that, from 1965 to December 2020, of 190 reports published by the SLC, 158—that is 83 per cent—have been implemented either in whole or in part. Five reports—that is 3 per cent—have been superseded. Mr Simpson raised the point that 27 reports—14 per cent—have not been implemented. It is important that people are aware of that for the sake of wider clarity on the role and work of the SLC.

I have a question regarding the Prescription (Scotland) Act 2018, which is yet to be commenced. Last year, the Scottish Government consulted on the draft commencement regulations for the act. When does the Scottish Government intend to lay the regulations?

Minister, your predecessors came to the committee twice a year. It might be useful to write to the committee in the intervening period—on a quarterly basis, say—to keep us updated on what is coming down the line over that next quarter. Would that be possible?