Hansard

I am pleased to open the final debate on the Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Bill.

I am grateful to members of Parliament for a constructive and considered stage 1 debate. The COVID-19 Recovery Committee dealt with the bill at stage 2, at which point the Scottish Government lodged three amendments, which addressed all the points raised by the committee and other members and stakeholders at stage 1. No non-Government amendments were lodged at either stage 2 or stage 3.

The first amendment that was lodged at stage 2 introduced a requirement for the Scottish ministers to consult health boards before making regulations that would either prolong the modifications that the bill makes to the Public Health etc (Scotland) Act 2008 or expire them early. The amendment also included a requirement to consult

“such other persons as the Scottish Ministers consider appropriate”

to ensure that important health stakeholders and others with a relevant interest are also informed and able to offer views.

The second, related amendment provided that the consultation obligation does not apply when regulations prolonging the modifications are made urgently, using the made affirmative procedure.

The third amendment related to giving reasons for urgency and using the made affirmative procedure.

In any circumstance in which the modifications to the 2008 act are extended, the Scottish ministers will lay a statement of reasons explaining why we need to keep the modifications in place for a longer period. That requirement was in the bill at introduction.

My third amendment at stage 2 introduced a requirement that, should the made affirmative procedure be used, an explanation of why that procedure was used be included in the statement of reasons. That addresses a number of the points that were raised by various members during stage 1 about ensuring that there is sufficient scrutiny of the regulation-making provisions in the bill. The Government acknowledges the importance of appropriate and detailed scrutiny of all legislation involved in handling a pandemic of the nature and circumstances that we have faced.

The amendments also address the suggestion of the Delegated Powers and Law Reform Committee that health boards should be consulted before the provisions in the bill are extended or expired early. The Law Society of Scotland also suggested that an explanation for urgent regulations be provided, which has also been addressed.

In the stage 1 debate, various members raised concerns about the availability and, indeed, awareness of self-isolation support. There has been significant take-up of support for isolation. According to the most recent data available, the Scottish Government has processed 63,527 successful applications, each resulting in a £500 payment, through the self-isolation support grant. Self-isolation support services have been used 192,974 times since the start of the pandemic. Support has been promoted to the public in various ways, such as in televised briefings, in Parliament and in public campaigns. There is also comprehensive advice on self-isolation and the support available on the Scottish Government website. I have personal experience of receiving text messages from the local authority as a contact of someone who tested positive. There is direct use of technology so that we can ensure that individuals are aware of the importance of access to self-isolation support grants.

We have also undertaken significant research into compliance with self-isolation guidance, and we are keeping the messaging around availability of self-isolation support under review. Should we need to expand or raise public awareness of the support, we will not hesitate to do so, as we recognise the importance of self-isolation support in interrupting the circulation of the virus.

As I set out in the stage 1 debate, the bill prolongs the modification to the Public Health etc (Scotland) Act 2008 that was made by the United Kingdom Coronavirus Act 2020. The 2008 act places an obligation on health boards to compensate people who are notified to isolate as a result of their having an infectious disease. That obligation was changed by the UK act to become a discretionary power. The bill prolongs that change, with respect to Covid-19 isolation only, until October 2022. The Scottish ministers are given a power to extend that change for a longer period by regulations, which would require an affirmative vote of this Parliament, or to expire the provisions early.

The Scottish ministers would have to consult health boards prior to making regulations to change the expiry date, and if an extension of the change was required, they would have to set out their reasons for making it in a statement laid before Parliament. If there were urgent or emergency circumstances that required the change to be extended, the Scottish ministers could extend it by regulations under the made affirmative procedure, setting out the reasons for that urgency to Parliament.

I invite members to consider what would happen if Parliament were not to pass the bill today. It may be a short and technical bill, but it is nevertheless one with important consequences. Should the bill not be passed, the 2008 act duty would be reinstated by virtue of the expiry of the UK Coronavirus Act 2020. Every person who was asked to self-isolate would be able to claim full compensation for that isolation period. Even if case numbers were to reduce, that would come at a significant cost to health boards.

It is clear that the 2008 act was never intended to provide financial support to the very large numbers of people who have been, and continue to be, asked to isolate because of Covid-19. The Scottish Government’s indicative analysis demonstrates that that could cost as much as £320 million a year. At a time when significant resources have been put into our pandemic response, that would not be an efficient use of public funds.

In addition, at a time when they are trying to reduce the backlogs in care that have been caused by the pandemic, health boards would have to find the staff and resources to process applications for compensation.

I am grateful to Parliament for its consideration of the bill. As a result of that consideration, the Scottish Government submitted amendments that improved the bill. If Parliament passes the bill today, we can make sure that health boards are protected from significant financial and administrative burdens, and can focus on providing essential care. As that is such a vital part of our work as we build our recovery from Covid, I hope that Parliament will feel able to support the bill.

I move,

That the Parliament agrees that the Coronavirus (Discretionary Compensation for Self-isolation) (Scotland) Bill be passed.