►
Description
Delegated Powers and Law Reform Committee
A
The
first
item
of
business
is
to
propose
that
the
committee
takes
items
six,
seven,
eight
and
nine
in
private,
as
these
involve
consideration
of
future
reports.
These
will
be
published
when
agreed.
Does
the
committee
agree
to
take
items?
Six,
seven,
eight
and
nine
in
private
great?
Thank
you
under
agenda
item
two.
We
are
considering
instruments
subject
to
the
made
affirmative
procedure.
A
These
instruments
are
enforced
already
and
the
parliament
has
28
days
to
consider
whether
to
approve
the
instrument.
If
the
parliament
does
not
approve
the
instrument
within
28
days,
it
will
cease
to
have
effect,
as
I
mentioned
before.
We
have
graham
simpson
here
today
with
us
to
share
his
views
on
one
of
the
instruments
under
this
agenda
item
the
health
protection
coronavirus
restrictions,
scotland,
amendment
number,
seven
regulations,
2020
ssi,
2020
210..
C
Yeah
thanks
thanks
very
much
convener,
it's
good
to
be
back
at
the
committee,
which
I
used
to
convene
so
feel
your
pain
having
to
read
out
the
notes.
Yeah.
As
you
rightly
say,
I
I
just
want
to
have
a
brief
word
about
the
health
protection
coronavirus
restrictions.
Scotland,
amendment
number
seven
regulations
now,
in
particular
the
part
of
that
those
regulations
that
deals
with
the
requirement
to
wear
a
face
covering
in
a
shop.
C
Now,
it's
not
for
this
committee,
as
you
well
know,
to
decide
whether
that's
right
or
wrong,
but
it
is
for
this
committee
to
decide
whether
the
procedure
that
the
government
used
was
the
correct
one
or
not,
and
also,
I
think
it's
open
to
you
to
make
comment
whether
the
regulations
were
drafted
tightly
enough.
So
on
those
two
issues,
if
I
can
just
make
some
comment,
you'll
have
seen
an
email
that
I
sent
to
yourself
and
which
I
hope
has
been
shared
with
the
committee.
C
It's
it's
a
public.
It's
a
matter
of
public
record.
When
I
looked
at
these
regulations,
I
felt
that
there
were,
shall
we
say
holes
in
them
in
that
it
potentially
left
a
two-tier
situation
where
certain
premises
were
exempt
from
the
requirement
to
where
a
face
covering
and
certain
premises
were
not
so
the
the
premises
that
were
exempt
were
banks
building
societies
anywhere
that
offered
operated
a
currency
exchange
office
or
anywhere
that
you
could
transmit
money.
C
C
B
C
Small
shops
in
scotland
that
operate
pay
point
facilities,
so
I
think
you
hate
you
ended
up
with
this.
As
I
say
two-tier
situation
now.
The
committee
is
only
dealing
with
this
regulation,
but
that's
been
superseded
by
another
one
which
was
issued
last
week,
and
that
is
the
health
protection
coronavirus
restriction.
Scotland,
amendment
number
10
regulations,
2020.
C
C
Yes,
the
cabinet
secretary,
mr
russell,
correcting
the
issues
that
I
raised
in
my
email
to
you
and
in
an
email
to
him
as
well.
So
it
seems
to
me
that
if
the
regulation
being
being
drawn
up
properly,
then
we
wouldn't
have
to
have
this
amending
regulation,
and
you
know
if,
if
parliament
had
been
able
to
scrutinize
those
regulations
in
the
first
place,
we
may
not
be
in
the
position
that
we
are
now
in.
C
The
second
point
is
that
by
introducing
a
mandatory
requirement
to
wear
face
coverings
in
shops
and
other
places,
it
doesn't
matter
again
it
doesn't
matter
what
the
committee
thinks
of
that.
But
that
is
a
far-reaching
piece
of
legislation.
It
seems
to
me
that
that
should
not
be
just
pushed
through
without
prior
scrutiny,
so
I'd
invite
the
committee
to
make
comment
on
that.
Thank.
A
B
Stuart,
mr
simpson,
thank
you
very
much
for
bringing
this
matter
to
the
attention
of
the
committee.
I
think
it's.
I
think
we
will
probably
all
agree
that
the
the
covert
pandemic
is
something
that
none
of
us
and
no
government
across
the
world
has
ever
dealt
with
before
and
clearly
the
the
the
actions
of
the
of
the
scottish
government
bringing
forward
the
regulations
in
an
urgent
fashion
have
been
have
been
important
to
do
that,
to
try
to
help
and
deal
with
a
situation
that
is
ever
evolving.
B
And
mr
simpson
and
committee
members
will
be
aware
as
well
that
the
legislation
that
was
passed
in
the
parliament
allowed
for
the
for
that
type
of
process
to
to
take
place.
So
I
think,
certainly
from
a
procedural
point
of
view
and
a
legal
point
of
view,
it
does
appear
that
what
the
scottish
government
have
undertaken
has
been
correct.
D
D
I
think
that
that's
that
that's
the
concern
for
me
is
that
there's
a
lack
of
scrutiny,
especially
around
many
of
face,
masks
in
shops,
and
there
are
a
lot
of
anomalies
within
that,
and
I
think
that
you
know
I'm
in
the
health
and
support
committee
as
well.
There's
a
lot
of
different
expert
advice
around
whether
it's
the
right
thing
to
do
and
the
wrong
thing
to
do,
and
I
don't
think
that's
for
us
us
to
to
investigate.
D
When
I
heard
the
other
day,
if
you're
going
to
into
a
coffee
shop,
if
you're
sitting
down
within
the
coffee
shop
you're
in
the
queue
and
you
sit
down
within
the
coffee
shop,
you
don't
need
to
wear
a
face
mask.
But
if
you
order
the
same
coffee
in
the
queue
and
you're
going
to
take
a
carryout,
you
have
to
put
a
face
mask
on
in
the
same
queue.
So
there
are
anomalies
here.
I
think
that
could
have
been
had
it
been
properly
scrutinized
in
parliament
that
we
could
have
been
much
more
effective.
D
However,
you
know,
as
I
said,
as
has
been
said
for
mr
mcmahon-
I
think
the
covert
committee
is
the
right
committee
to
have
a
look
at
that
in
its
in
its
entirety.
But
I
do
think
we
should
note
that.
But
you
know
for
this
committee,
the
government
has
acted
within
rules
and
regulations
and
and
the
legal
framework
in
which,
which
has
been
set
out
by
the
parliament.
D
A
E
Mr
arthur,
thank
you
conveniently
just
echo
the
comments
of
colleagues
and
thanking
mr
simpson
for
bringing
this
to
the
attention
of
the
the
committee.
I
appreciate
maybe
a
slightly
circuitous
route,
but
parliament,
islamic
state
has
fulfilled
its
function
of
scrutinizing
our
legislation,
as
it
seems
from
mr
simpson's
comments
that
his
letter
to
the
cabinet
secretary
has
precipitated
a
revised
set
of
regulations.
E
All
I
would
know
is,
I
think
it's
clearly
recognized
that
when
we
get
to
the
other
side
of
covert,
which
clearly
may
not
be
for
some
time
yet
there
will
need
to
be
a
period
of
reflection
and
scrutinizing
the
actions
of
all
public
bodies,
but
including
how
this
parliament
has
functioned
and
including
how
government
has
functioned.
I
recall
at
the
outset
of
this
crisis
been
receiving
correspondence
from
constituents
who
were
asking
why
we
were
waiting
for
westminster
to
pass
legislation.
E
Babylon
introduced
our
own
bill
immediately
and
some
feeling
that
that
was
we
were
being
tardy,
while
others
were
asking
why
it
could
not
have
all
been
done
at
westminster.
So
I
think
there
will
be
a
process
of
review
and
reflection
when
we
get
to
the
other
side,
as
there
will
be
for
all
public
bodies,
but
particularly
when
we
reflect
upon
how
we
have
done
our
jobs
as
parliamentarians
and
scrutinizing
the
legislation
brought
through
by
government.
And
I
think
this
is
an
important
point
that
mr
simpson
is
noted,
and
I
thank
him
for
it.
E
C
Well
I'll,
just
thank
the
committee
members
for
their
considered
comments.
I'd
expect
nothing
less
from
these
committee
members.
I
I
would
just.
I
would
agree
with
the
point
made
by
all
of
them.
I
think
that
the
government
has
acted
within
the
rules.
Parliament
gave
it
the
power
to
do
what
it's
done.
I'm
not
disputing
that.
I'm
merely
saying
that
I
would.
C
I
would
invite
the
committee
to
con
to
maybe
make
comment
on
whether
the
government
should
have
used
that
procedure,
as
the
committee
has
done
in
other
regulations
to
do
with
kovid
and
I'm
thinking
particularly
around
planning.
I
know
that
the
committee
has
made
comments
on
that
before,
but
I'm
happy
to
leave
my
comments
at
that
and
thank
the
committee
for
his
time.
A
D
A
A
A
A
A
Under
agenda
item
three,
we
are
considering
instruments
subject
to
affirmative
procedure.
No
points
have
been
raised
on
the
following
draft
instruments:
the
representation
of
the
people,
electoral
registers,
publication
date,
coronavirus
20
to
coronavirus,
scotland
regulations,
the
abertay
university
and
robert
gordon
university
change
of
names,
miscellaneous
amendments,
scotland
order,
2020
the
advice
and
assistance
assistance
by
way
of
representation,
scotland,
amendment
regulations,
2020
the
greenhouse
gas
emissions
trading
scheme
order,
2020.
A
The
committee
is
therefore
required
understanding
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..
Does
the
committee
therefore
wish
to
draw
this
instrument
to
the
attention
of
the
parliament
under
reporting,
ground
j.