Coronavirus (Scotland) Bill: Stage 1

Part of the debate – in the Scottish Parliament at on 1 April 2020.

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Photo of Alex Rowley Alex Rowley Labour

I am grateful for being able to speak in the debate on emergency legislation relating to the coronavirus pandemic. We are in a strange and unprecedented time. I pay tribute to everyone who has been working on the bill in such difficult circumstances so that we could receive it before Parliament sat today, and I acknowledge the joint working across Parliament.

It is important that all front-line workers—whether they are in our health and social care services, in the shops serving food, or lifting our refuse—know that the Scottish Parliament will work collectively in their best interests when they are all putting themselves and their families on the line.

We are facing something that none of us has faced in our lifetimes. It is still just as important, however, that legislation that is passed in this country, and which affects the lives of Scottish people, faces proper parliamentary scrutiny.

The bill tackles some difficult areas, and I can see that difficult decisions are having to be made, and will continue to have to be made. We are facing this crisis at a time when many of our public services are under massive pressure, after year upon year of austerity that has left some services with real difficulties in facing up to normal everyday life—never mind the current crisis.

Last night I heard someone say that today would be the blackest day in legal history if the bill were to proceed and jury trials were to be stopped in the short term. We believe that the Law Society of Scotland makes a fair point when it says that there is a need for more information, and that the issue requires

“fuller consideration and consultation in order to avoid unintended consequences.”

I am pleased that the cabinet secretary has picked up on that point this morning and proposes to address it and, after doing so, to bring another bill to Parliament on 21 April.

We are facing the blackest period in our history, and I feel that the blackest days are still to come. As parliamentarians, we must accept our collective responsibility to make the right and necessary choices. It is clear that what is required in these extreme circumstances is balance between competing interests. That said, the health of our country should always be considered to be of paramount concern; I hope that that is the intention behind many aspects of the bill.

The difficulty lies in those competing interests, particularly in relation to civil liberties and human rights. I agree with Amnesty International that

“Any restriction on the individual’s human rights must meet the criteria of necessity, proportionality, legitimacy, be time-limited and subject to regular review.”

I note that the cabinet secretary has proposed that the legislation be reviewed every six months, with Parliament having the power to continue it if necessary. I also note the proposal that there be a report back every two months. I believe that one of my colleagues is considering lodging an amendment that will propose monthly reporting, instead.

When legislation that gives the Government such unprecedented powers is introduced, having the confidence that Parliament will hold the Government to account through scrutiny will be important. That is why the point that Neil Findlay made earlier about accountability of the Government to Parliament is crucial.

I believe that emergency legislation is necessary, and I welcome the Government’s having brought forward the bill. I suspect that we will see more emergency legislation as we grapple with outcomes from the virus pandemic that are, at this stage, unknown to us. However, we must ensure that, even although the bill is well meaning, it will have as few unintended consequences as possible, especially given how quickly we are dealing with a fast-moving situation.

The economy is going to go through a time of major difficulty. Although we need to look at what further support will be needed, we need also to accept that the economy is not going to be the same as it was, and that the Government will have to play a far greater role in our economy and our society in the months that lie ahead.