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From YouTube: Delegated Powers and Law Reform Committee - 19 May 2020
Description
Delegated Powers and Law Reform Committee
A
A
A
A
Under
agenda
item
4,
we
are
considering
instruments
that
are
subject
to
negative
procedure:
criminal
justice,
miscellaneous
temporary
modifications,
coronavirus,
scotland
regulations,
2020,
SS,
hi,
2020
137.
This
instrument
makes
modifications
to
several
acts
to
make
provision
for
victims
to
be
notified
in
the
event
of
an
offender's
early
release
from
prison
when
they
have
been
released
under
the
coronavirus,
Scotland
Act
2020.
The
instrument
was
laid
before
the
Parliament
on
4th
of
May
2020
and
came
into
force
immediately.
A
This
does
not
respect
the
requirement
that
at
least
28
days
should
elapse
between
the
laying
of
an
instrument
which
is
subject
to
the
negative
procedure
and
their
coming
into
force
of
that
instrument.
The
committee
is
therefore
required
under
Standing
Orders,
to
draw
the
instrument
to
the
attention
of
the
parliament
under
reporting
ground
J,
for
failing
to
comply
with
the
requirements
of
section
28
2
of
the
interpretation
and
legislative
reform,
Scotland
Act
2010.
A
A
The
committee
also
considered
the
reasons
for
the
breach
of
the
28-day
rule,
which
in
this
case,
was
set
out.
In
a
letter
to
the
presiding
officer
dated
4
May
2020,
the
letter
explains
that
the
Scottish
government
breached
the
28-day
rule
in
order
to
bring
the
instrument
into
force
from
the
same
day
as
the
release
of
prisoners,
coronavirus,
scotland,
annex
regulations,
2020.
Had
this
not
been
done,
there
would
have
been
a
period
of
time
when
prisoners
could
have
been
released.
A
Thank
you,
homeless,
persons,
unsuitable
accommodation,
Scotland,
amendment
order,
2020,
SSI,
2021
39.
The
system
demands
the
homeless
persons,
unsuitable
accommodation,
Scotland
order
2014
to
extend
its
application
to
all
homeless
people,
rather
than
only
pregnant
women
and
families
with
children.
It
also
makes
other
changes
to
the
circumstances
when
accommodation
will
be
unsuitable.
A
In
addition,
the
instrument
temporarily
modifies
the
2014
order
until
30
September
2020
in
response
to
the
concur
owner
virus
pandemic,
to
allow
for
temporary
accommodation
to
be
provided
in
hotels
and
bed-and-breakfast.
This
applies
where
homeless
persons
need
to
self,
isolate
or
otherwise
comply
with
physical
distancing
guidelines.
A
The
instrument
was
laid
before
the
Parliament
on
5
May
2020
and
came
into
force
the
following
day.
This
does
not
respect
the
requirement
that
at
least
28
days
should
elapse
between
the
laying
of
an
instrument
which
is
subject
to
the
negative
procedure
and
their
coming
into
force
of
that
instrument.
As
with
the
previous
instrument,
the
committee
is
therefore
required
to
draw
the
instrument
to
the
attention
of
the
Parliament
for
breaching
the
28-day
rule.
Does
the
committee
therefore
wish
to
draw
the
instrument
to
the
attention
of
the
Parliament
under
reporting
ground
Jay.
A
A
The
Scottish
Government
explains
that
it
considers
this
breach
necessary
to
put
in
place
the
correct
structure
to
aid
recovery
from
coronavirus,
providing
local
authorities
with
clarity
and
how
they
should
plan
their
exit
strategies
and
support
a
restructure
of
how
we
deal
with
homelessness.
This
is
to
ensure
that
all
homeless
households
are
able
to
be
provided
with
high-quality,
temporary
accommodation
prior
to
moving
to
a
permanent
settled
home.
A
This
instrument
contains
both
permanent
changes
to
the
2014
order
and
temporary
modifications
to
those
changes
in
response
to
coronavirus.
Does
the
committee
therefore
wish
to
invite
the
lead
committee
to
consider
whether
the
briefs
of
the
28-day
rule
is
justified
in
policy
terms,
particularly
in
relation
to
the
permanent
changes?
Thank
you.
The
instrument
refers
to
the
homeless
persons
unsuitable
accommodation
order,
Scotland
2014,
when
it
should
refer
to
the
homeless,
persons,
unsuitable
accommodation,
Scotland
order,
2014
article
3-1
also
incorrectly
referred
to
the
modifications
in
this
paragraph.