The “Coronavirus Acts: fifth report to Scottish Parliament” covers provisions in both the Scottish Covid acts—the Coronavirus (Scotland) Act 2020 and the Coronavirus (Scotland) (No 2) Act 2020—as well as the United Kingdom Coronavirus Act 2020. As required in the legislation, the report covers the reporting period for the two months up to the end of January.
The measures in the UK act and the two Scottish acts continue to be an important part of our response to the significant public health risk and economic challenges posed by the pandemic.
It is getting close to a year since we introduced the first Scottish emergency Covid act and created the structure for reporting to the Parliament on how its provisions—and those of the second Scottish Covid act—would be used. I am sure that I speak for all of us when I say that it has been a much longer journey than any of us would have hoped when we debated that legislation in the chamber.
The Scottish Government takes very seriously the need to account for how these exceptional provisions have been and are being used. In that regard, and mindful of the detail that is included in each report, I thought that it would be helpful if I took a few moments to take a wider view and reflect on the ways in which the Covid acts continue to enable us to respond to the pandemic.
The acts have helped us to ensure that local authorities have been able to support children and young people who live in foster or kinship care, while prioritising their resources to help the most vulnerable children in Scotland. They have created flexibility in how child protection orders operate, which has had a positive impact on the capacity of social workers, panel members and education staff, and has assisted children and families in crisis.
The acts have supported the operation of the criminal justice system through steps such as the creation of remote jury centres, digital sharing of case information and the introduction of virtual trials for summary criminal cases. They have enabled parole hearings to continue and avoid postponements, ensuring that, for the period from 23 March 2020 to 1 January 2021, more than 99 per cent of scheduled tribunals and oral hearings were heard successfully.
The acts have added an additional amount to the carers allowance supplement, meaning that 83,000 carers received a special one-off payment to help them deal with the unprecedented circumstances of the virus and lockdown.
The acts established a social care staff support fund, which helps to prevent social care staff from experiencing financial hardship when, because of the virus, they face restricted ability to work and loss of income.
The acts have extended the existing moratorium on diligence and bankruptcy from six weeks to six months, and they have protected from eviction those who, as a result of Covid, have fallen into rent arrears.
Those are just a few examples of provisions in the Covid acts that have helped our fellow citizens.
When the Parliament agreed to pass the two acts, the Government made it clear that it would retain and use the powers in them only for as long as they were necessary. Consequently, when it has been possible to do so, we have suspended or expired provisions either because they have fulfilled their purpose or because we have listened to compelling views that support change.
For example, we have expired, without commencing, provisions relating to adults with incapacity that removed the requirement on a local authority to consult the adult and interested parties in certain defined and exceptional circumstances. From 30 September, we have suspended stop-the-clock provisions for guardianship orders and certificates for medical treatment of adults lacking capacity. We have responded to changing circumstances by suspending the muirburn provision to allow the muirburn season to commence from October 2020. We have also expired the provision extending the maximum timescales for which children could be kept in secure accommodation without the authority of a children’s hearing or a sheriff when it became clear that it had been used hardly at all.
As required by the Parliament, the report not only covers the provisions of the Covid acts, but, as required under the second Covid act, reports on a total of 79 Scottish statutory instruments whose main purpose relates to coronavirus. Those include the vital international travel regulations that were made under the Public Health etc (Scotland) Act 2008 and the regulations that relax the rules on breaks in caring, so that they do not affect entitlement to carers allowance.
Today’s fifth report also explains again that some provisions of the acts have not yet been commenced as there has not been a need to do so, or have commenced but have not been required to be used in practice. However, in some cases, we remain of the view that those provisions could still be an important tool in supporting the lives and health of people living in Scotland, the economy, the public sector and the third sector. In other cases, the judgment is that the provisions continue to be necessary because they might be required to respond to possible future circumstances that result from Covid.
We know only too well that the importance of the legislation is, alas, now more apparent than ever. Since our previous report was published, the new, more transmissible variant of the virus has become the dominant strain in Scotland. From 26 December, the Government applied level 4 measures to all of the mainland, and it tightened those measures on 5 January. Although at that point the island areas remained in level 3, from 20 January level 4 restrictions were applied to the Isle of Barra and the Isle of Vatersay, and from 30 January, Na h-Eileanan Siar as a whole moved to level 4. No Government would wish to impose such restrictions on citizens without a clear and obvious need to do so. It is essential for the safety and wellbeing of all Scotland’s people that we are never slow to take decisive action when necessary.
From the outset, in shaping our response to the Covid pandemic, the Government has placed particular emphasis on the needs of the most vulnerable individuals and communities. Therefore, in the development of today’s report, we have continued to reflect on the views of stakeholders whose focus is on human rights, children’s rights and equality. We also recognise the views of the Parliament’s Equalities and Human Rights Committee, which is inquiring into the impact of the pandemic. We are grateful for the work that is being undertaken by the Parliament, stakeholders and others in scrutinising the Scottish Government’s actions on those matters.
The requirement to consider information on domestic abuse also continues to be an essential part of the reporting process. We know that domestic abuse is an underreported crime, and data on reported incidents does not provide the full picture of the impact of the pandemic. The Scottish Government remains committed to ensuring a regular exchange of information about domestic abuse. We are working with our partners, including organisations that focus on violence against women and girls, to further inform our understanding.
As the Parliament will know, the provisions in part 1 of each of the two Scottish Covid acts are time limited. Those provisions have been extended once already, from 30 September 2020 to 31 March 2021. Regrettably, we must shortly consider whether they need to be extended beyond that point for the final period of six months that is permitted by the legislation. I acknowledge the work that is being done by the Parliament’s COVID-19 Committee to seek views on such an extension. The Scottish Government is considering very carefully the provisions in the acts with regard to such a renewal. Where it is desirable to expire or suspend further specific provisions, we will seek to do so, but it seems unavoidable that many of the provisions of the acts will be required after 31 March, to enable us to deal with the on-going effects of the pandemic. The decision on whether to extend part 1 of each act is, of course, for the Parliament to make. We look forward to hearing the outcome of the COVID-19 Committee’s consideration of those matters. Once all the processes are complete, the Government will bring forward the necessary regulations for the Parliament’s consideration, along with a statement of reasons.
Although the majority of the provisions of the United Kingdom Coronavirus Act 2020 that apply to Scotland are not due to expire until March 2022, I believe that it would be appropriate to consider the on-going necessity of those provisions alongside consideration of the Scottish acts. Therefore, the Scottish Government is also considering whether any of those provisions should be suspended or expired at 31 March 2021.
Covid-19 is no respecter of national boundaries. We are continuing to engage and work with the UK Government and the other devolved Administrations on the implementation and operation of the UK act. In addition, all Governments are working together to help ensure that their respective reporting arrangements operate successfully and appropriately alongside each other.
The Government also remains committed to ensuring that the Scottish Parliament has continued oversight of the provisions and can hold Scottish ministers to account for their use. Jason Leitch and I have been almost as much a fixture at meetings of the COVID-19 Committee as its members, and such scrutiny continues to be central to our work.
As is required by section 15 of the Coronavirus (Scotland) Act 2020 and section 12 of the Coronavirus (Scotland) (No 2) Act 2020, Scottish ministers have conducted a review of the provisions in part 1 of each of those acts and have prepared the report. We are satisfied that the status of the provisions that are set out in part 1 of each of the acts remain appropriate as at 31 January.
We have also undertaken a review of the SSIs to which section 14 of the Coronavirus (Scotland) (No 2) Act 2020 applies. Scottish ministers are also satisfied that the status of those SSIs at the end of the reporting period is appropriate.
A review has also been conducted of the provisions of the UK act to which the Scottish Parliament gave consent, and we are satisfied that the status of those provisions is also appropriate.
All the efforts made by the people of Scotland to combat and cope with the effects of Covid represent a truly extraordinary effort. I am sure that members will acknowledge that, despite our differences in other areas, we are united in our resolve to work together for the good of the people we represent as Scotland works through, and past, this unprecedented crisis. The provisions that we report on today are part of Scotland’s on-going response. The Government will continue to do our duty to report to and be held accountable to the Parliament for the use of those powers.
We welcome the opportunity of engagement with the Parliament as it considers the fifth report.