Chamber and committees

Oh, sorry. Go ahead, Mr Simpson.

Good morning, and welcome to the third meeting of the Delegated Powers and Law Reform Committee in session 6. Before we move to the first item on the agenda, I remind everyone to switch their mobile phones to silent.

The first item of business is to decide whether to take items 6 and 7 in private. Do members agree to take those items in private?

Members indicated agreement.

The next item of business is consideration of a Scottish statutory instrument subject to the made affirmative procedure. No points have been raised on the instrument. Is the committee content with it?

Members indicated agreement.

Under the next agenda item, we are considering instruments subject to the affirmative procedure. No points have been raised on the following draft instruments.

Is the committee content with the instruments?

Members indicated agreement.

No points have been raised on SSI 2021/251. Is the committee content with the regulations?

Members indicated agreement.

The suggestion is to write to the lead committee, and I think we should do that in relation to the points raised by Graham Simpson and Craig Hoy. I think it would also be worth writing to the lead committee on the points raised by Paul Sweeney regarding licensing, so that the lead committee can take that up. There could be policy matters that are important for licensing legislation. Are you content with that, Paul?

We come to agenda item 2. An issue has been raised concerning SSI 2021/277, which revokes the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 (SSI 2020/344) but retains some requirements that are still considered necessary by the Scottish Government and provides that those are applied uniformly across Scotland.

The instrument requires that, subject to some exemptions, face coverings should still be worn in most indoor spaces. The guidance accompanying the instrument states that face coverings are not required to be worn while dancing in a nightclub or dance hall. However, a specific exemption for dancing is not listed in the instrument. In correspondence, the Scottish Government said:

“It is considered that dancing is a form of exercise which reasonably requires that the person is not wearing a face covering”,

which is an exemption provided for by regulation 5(1)(r).

Does the committee wish to bring the instrument to the attention of the Parliament on reporting ground (h), which is that its meaning or form could be clearer?

Members indicated agreement.

Is the committee content with the instruments?

Members indicated agreement.

The regulations make provision for the establishment and maintenance of a register of child interview rights practitioners to provide children with advice, support and assistance in relation to their involvement in investigative interviews. Regulation 3(6)(a) provides that

“A person who is included in the register must comply with ... the Code of Practice”

for child interview rights practitioners that has been published by the Scottish Government. However, regulation 3(7), when compared against the mandatory requirements contained in paragraph 17 of the code of practice, appears to provide differing notification timescales and requirements for child interview rights practitioners—yet both must be complied with.

In light of that, does the committee wish to bring the instrument to the attention of the Parliament on reporting ground (h), on the basis that its meaning or form could be clearer, while also calling on the Scottish Government to clarify that issue as soon as possible?

Members indicated agreement.