Government told to 'justify' ongoing use of emergency Covid powers

The Scottish Government has been told it must justify the continued use of powers which allow it to change the law at short notice.

The Scottish Parliament's Delegated Powers and Law Reform Committee said the “made affirmative procedure” had been used more than 140 times since the start of the pandemic.

It came as the Scottish Government said statutory Covid requirements such as requirements on the wearing of face coverings would be extended until the end of September, subject to review every three weeks.

The cross-party group of MSPs said that while it understood why the powers had been necessary to help deal with the public health crisis, there were concerns over how clear and accessible the laws created with the emergency powers were.

Committee convener Stuart McMillan said: “The challenges created by the coronavirus pandemic have required the Scottish Government to act quickly. The committee understands this and we can think of numerous occasions where this has been vitally important.

“However, we all also understand and wish to underline the importance of proper parliamentary scrutiny. We do not want to end the use of these useful powers, but we believe there are some areas where changes could help ensure these powers deliver good, accessible law.”

The committee said that if the government failed to justify its use of the powers, it would raise the matter in parliament’s debating chamber.

Yesterday, the government said regulations had been laid in parliament to extend statutory Covid powers beyond the existing expiry date of February 28.

These include requirements on the use of face coverings, the vaccine certification scheme, and for businesses to take reasonable measures to minimise incidence and spread of Covid. 

Deputy First Minister and Covid Recovery Secretary John Swinney said: “Following the lifting of Omicron restrictions, ministers believe it is necessary to retain the availability of these baseline measures for now while we review our ongoing response to Covid.

“Taking steps now to extend these regulations does not mean that the regulations will necessarily remain in force until September, but will ensure they can continue for now, subject to three-weekly review in what is still an uncertain period of the pandemic.”