Hansard

The Parliamentary Bureau has considered the implications of the Scottish General Election (Coronavirus) Act 2021 on parliamentary business on a number of occasions. In December last year, it agreed that any business during the short campaign period should be limited to matters that are absolutely necessary in response to the pandemic. That agreement is consistent with the purposes of the act and the elections guidance from the Scottish Parliamentary Corporate Body, which anticipates that the Parliament would not meet during the short campaign period unless for emergency reasons. It is intended to help ensure that parliamentary resources are not used for any party-political or election campaigning activity and that all candidates are treated the same during what would normally be a period of dissolution; at the same time, it allows for Parliament to be recalled in an emergency.

The bureau therefore agreed to propose to Parliament that we should go into recess during that period, with the usual option of recall where necessary. However, essentially, it is a recess period, not a dissolution, for one primary purpose, which is to ensure that, if it became necessary to cancel the election because of an escalation in the pandemic, members of Parliament could return to take that decision. The proposal was unanimously agreed to by the Parliament on 17 February 2021.

The bureau recognises that all members will be aware of the policies that restrict the use of parliamentary resources during the short campaign. However, it was also agreed to look at further procedural steps to limit what business could be transacted, while allowing, if necessary, business in relation to the pandemic to take place. In considering possible steps, the bureau was conscious of balancing the interests of providing flexibility for any necessary scrutiny to take place against the limitations of the short campaign period. It is for that reason that an exception is proposed to enable the COVID-19 Committee, if it considers it necessary, to meet in an emergency. To be clear, the Scottish ministers are required to ensure the lifting of any restrictions that are no longer necessary in order to protect public health. However, if changes were made that the COVID-19 Committee felt were significant enough to invite its attention, it could sit, and the Government would provide a minister to attend.

Of course, Presiding Officer, you retain the power to recall Parliament during any period that it is in recess, although, as you have indicated previously, a very high bar would have to be set in order for you to interrupt the election recess period.

I summarise matters in the following way: this Parliament is far from unable to hold ministers to account during the pre-election period, but a sensible, proportionate approach is being taken to ensure that that is the case, in keeping with other decisions that the Parliamentary Bureau has previously taken.