Meeting of the Parliament (Virtual) 21 January 2021
The Scottish Conservatives’ approach to the bill has been outlined by my colleague Liam Kerr. I need not repeat what he has said, but perhaps one or two comments would be appropriate.
A key issue, on which many members have touched, is whether the measures that the bill aims to put into law fall outwith with the competence of this Parliament. Indeed, it is already considered that they do. Without a well-reasoned explanation of why that view is wrong, it is difficult to deal properly with the bill at this late stage in the current session of Parliament. It is a matter of concern that much time has already been spent—or, as some might say, entirely wasted—during this session on measures that have had competence, and on others that have been of dubious competence.
Another key point, which is unrelated to the bill itself, concerns the current circumstances, of which we are all too painfully aware, and the various measures that have been put in place as a result. Of necessity, those measures impinge on and, to a very real extent, prevent proper exercise by us, as MSPs, of our democratic functions, and prevent carrying out of our responsibilities.
To the extent that those functions can be exercised at present, doing so adequately is neither easy nor quick, including for the Justice Committee. Virtual meetings and online communication are not at all equivalent to meeting in person, and it is clear that information technology solutions do not provide equivalence at any level. I recall visiting a tech hub in the before time—as some people refer to life pre-Covid—and being told by a highly successful IT entrepreneur that when he really wanted to get something sorted out, he got everyone together in a room, because online meetings just do not do it.
It is important, as other members have emphasised, to recognise that the bill’s intentions are well meant. The onus must always be on individuals and organisations to act in responsible ways, which is why the law already recognises that, through the “controlling mind” principle. Imperfect though the current state of affairs is, the matter requires to be addressed very carefully indeed.
Given the circumstances that we face as we come to the end of the current legislative session, the matter would perhaps, if it is thought appropriate to do so, best be considered and acted on in the next session of Parliament.
15:53