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Committee

Health and Sport Committee 23 March 2021

23 Mar 2021 · S5 · Health and Sport Committee
Item of business
European Union (Withdrawal) Act 2018
Health Security (EU Exit) Regulations 2021
Gougeon, Mairi SNP Angus North and Mearns Watch on SPTV
I am pleased to be here today to answer the committee’s questions on the Health Security (EU Exit) Regulations 2021, to which Scottish ministers have been asked to give consent. I again offer the Government’s apologies for the speed with which the committee has had to consider the regulations. Although we provided you with them as soon as we were able to do so, I appreciate that the situation is not ideal, so I am grateful for your having found time to consider them. I hope that your efforts today will strengthen the health protection regime that we are trying to create. As members are aware, health security is a devolved matter. However, when the United Kingdom was a member of the European Union, EU law by default created a strong system of co-operation and co-ordination between the four nations of the UK. For example, cross-border threats to health had to be notified to Public Health England, which in turn notified the EU. That situation has changed, but the need for such close co-operation between the four nations has not. The UK must still also meet global obligations, which now fall under the EU-UK trade and co-operation agreement and international health regulations. That makes the regulations important for two reasons. First, they will ensure that there is a legislative underpinning across the UK for a co-ordinated approach to identifying and tackling threats to health security. That means that processes are in place to share information on threats and to work together on solutions. Secondly, the regulations will ensure that the UK as a whole will be able to meet its international obligations. Failure to approve the regulations could be interpreted as the UK not complying with its obligations under the trade and co-operation agreement, which could have significant consequences both for the UK’s access to important EU health institutions, and for the more general implementation of the trade and co-operation agreement. I am therefore invested in ensuring that the committee and the Scottish ministers are reassured that the regulations are robust and fit for purpose. Although I cannot tell you that the agreement will allow us to fully replicate the benefits that we derived from EU membership, it has already secured us access to key institutions for Covid purposes. It is vital that we maintain that ability in case of future threats. The past year has taught us that protecting the health of our populations cannot be done by any Government alone but requires co-operation across borders and willingness to share with and learn from one another. There has already been close co-operation between the health agencies and Governments of all four devolved nations. In recent months, officials have met every fortnight as part of the four-nations health protection EU transition group. Those meetings have helped to develop the regulations and the common framework on public health protection and health security, of which, I believe, the committee saw a summary late last year. Work has now moved on to planning for practical operation so that we can continue to support and protect each other against health threats. The regulations are an important foundation for that work, so I hope that the committee will agree and approve the proposal to consent to their being laid in the UK Parliament. I look forward to answering members’ questions

In the same item of business

The Convener (Lewis Macdonald) Lab
Good morning, and welcome to the 11th meeting of the Health and Sport Committee in 2021. We have received apologies from Donald Cameron. Emma Harper will joi...
The Minister for Public Health and Sport (Mairi Gougeon) SNP
I am pleased to be here today to answer the committee’s questions on the Health Security (EU Exit) Regulations 2021, to which Scottish ministers have been as...
The Convener Lab
You touched on the relationship between the regulations and the public health protection and health security common framework. You will be aware that the com...
Mairi Gougeon
When we set out the technical summary of the framework outline agreement in December last year, we expected the framework to be available for scrutiny early ...
The Convener Lab
That is welcome. I have no doubt that our successor committee will pursue the same approach as we have pursued in relation to the framework. After initial co...
Mairi Gougeon
Absolutely. That will be the case in much the same way as has been possible for frameworks that the committee has looked at previously and which I have appea...
The Convener Lab
That is helpful.
David Torrance (Kirkcaldy) (SNP) SNP
Given the divergence among the four UK nations on management of the Covid-19 pandemic, how confident are you that the framework agreement and its related con...
Mairi Gougeon
The aim of the framework and the regulations is to ensure co-operation and co-ordination among the Governments and health agencies in the UK. In some matters...
David Torrance SNP
Have discussions about the common framework with the other devolved Administrations and the UK Government covered learning from the pandemic? Have they inclu...
Mairi Gougeon
Over the past couple of years, our discussions have been wide ranging. The impacts of Covid-19 have informed them, but it is fair to say that that is likely ...
Sandra White (Glasgow Kelvin) (SNP) SNP
You mentioned in your opening statement that health security is a devolved matter; you referred to it in answer to the convener’s questions. You mentioned th...
Mairi Gougeon SNP
Yes, I am. I reassure members that, as I said, the framework builds on the strong co-ordination that we have with the other Administrations and public health...
Sandra White SNP
Obviously, the statutory instrument comes in the midst of the Covid-19 pandemic. Have there been full discussions on how non-infectious health threats, such ...
Mairi Gougeon SNP
Work on the framework started two years ago prior to the pandemic, so it has been designed as a vehicle to tackle a wide range of threats. In essence, it tak...
David Stewart (Highlands and Islands) (Lab) Lab
My questions are on the European Centre for Disease Prevention and Control. The minister will be well aware of the important job that that organisation has d...
Mairi Gougeon SNP
Ideally, we would not have had to develop frameworks and consider the issues. For the Scottish Government, the ideal situation would have been that we had ma...
David Stewart Lab
Yesterday, in preparing for today’s meeting, I had a careful look at ECDC budgets and at its staffing, which I will perhaps come to in a second. As you will ...
Mairi Gougeon SNP
I will try to answer as fully as I can, but if there is further information that you want on the back of that, I would be happy to provide it to the committe...
David Stewart Lab
I am sorry, convener, but may I press the minister on the final question?
The Convener Lab
Yes.
David Stewart Lab
Have new budgets or staff been identified to cover the huge areas of responsibility that the ECDC covers?
Mairi Gougeon SNP
The regulations will set up a number of groups, such as the UK health protection committee and the UK health protection oversight group. There will be equal ...
The Convener Lab
I invite Laura McGlynn to indicate whether she can add anything.
Laura McGlynn (Scottish Government)
The discussion about budgets has not been had yet because the work has been about drawing up the framework and drafting the regulations. As the minister said...
Brian Whittle (South Scotland) (Con) Con
I want to look at the power to amend the list of communicable diseases and special health-related issues. The existing list is to be replicated in the regula...
Mairi Gougeon SNP
The regulations do not make provision for that, but they do provide the routes by which the list can be amended. I expect the UK health protection committee ...
Brian Whittle Con
Can you clarify that? I want to be sure that, if decisions are to be made about changes to the list, the intention is that all the devolved nations will be i...
Mairi Gougeon SNP
As I said, the UK health protection committee will determine the criteria. The committee is made up of representatives from all the devolved nations as well ...
Brian Whittle Con
Finally, you suggest that the criteria have yet to be decided. I assume that we will want to replicate the existing EU law criteria, given that the EU law wi...