Meeting of the Parliament (Hybrid) 22 December 2020
I am grateful for the opportunity to speak to amendments 7, 22, 23 and 30 in the name of Angela Constance. I take the opportunity to congratulate her on her appointment to Government and to wish her the best in her new role.
The amendments follow on from stage 2 amendments 6 and 10, also in the name of Angela Constance, which were debated but not moved. Those earlier amendments were intended to provide greater clarity in the bill about what the section 1(1) power is for, when it would be used and how it had been used. Ms Constance expressed the view that those amendments would provide ministers with a direction as to the use of the power, and that they would improve transparency and accountability.
However, Ms Constance also made clear that sufficient flexibility must be maintained to deal with future uncertainties. It is clear from the deliberations at stage 2 that there is a strong view that putting a purpose in the bill would provide more certainty, predictability and clarity for businesses, public agencies and others.
That is what amendment 7 now does. It gives ministers the direction and steer that was felt to be missing from the bill as introduced. If agreed, amendment 7 will require ministers to, among other things, have due regard to how the use of the section 1(1) power would
“contribute towards maintaining and advancing standards in relation to environmental protection, animal health and welfare, plant health, equality, non-discrimination and human rights and social protection.”
Amendment 7 also retains a necessary element of flexibility. It does not impinge on the generality of the power, which was known to be a concern for the Government at stage 2, and it ensures that ministers are not prevented from using the section 1(1) power in other ways.
Amendments 22 and 23 will ensure that, when they report on the use of the power, ministers must set out how it has contributed, is contributing and will contribute to maintaining and advancing standards in those areas. That was the intention of amendment 10 at stage 2. Amendments 22 and 23 will now ensure that reporting covers both the previous uses of the power and any expected future uses.
Amendment 30 is a technical amendment to ensure that a report on future uses of the power is not required once the power itself has expired.
I thank Angela Constance and members from across the chamber who came together to ensure that amendments 7, 22, 23 and 30 are flexible enough to be workable while still improving the bill and providing for greater clarity and transparency. I urge members to support all these amendments.
I move amendment 7.