– in the Scottish Parliament at on 1 October 2020.
Graham Simpson
Conservative
I will press the First Minister on parliamentary scrutiny of Covid Laws again, because I raised the issue last week and it has been mentioned again by Richard Leonard today.
The United Kingdom Government budged on that yesterday.
Parliamentary scrutiny matters because, when regulations were first enacted in Scotland on the mandatory wearing of face coverings in shops, it was legal not to wear a face covering in any shop if it provided currency exchange facilities. The legal position was that anyone could go into a shop with a Post Office or a supermarket where it was possible to get foreign currency and not wear a face covering. The Government had to correct that, but the Parliament had had no prior scrutiny of that legislation. That is why this stuff matters.
I understand that the Government has to act quickly, but the Parliament can also act quickly. Will the First Minister pledge to correct what the Speaker of the House of Commons described yesterday as a “totally unsatisfactory” approach to secondary legislation?
Nicola Sturgeon
Scottish National Party
I agree that that is important and that it matters, so I will happily give an undertaking to further consider those issues. I will ask Michael Russell, the Minister who oversees coronavirus legislation, to come back with proposals for discussion with the Parliament on how we enhance and strengthen parliamentary scrutiny, and on how that can take place wherever possible—which is what the UK Government said yesterday—at an earlier stage, recognising that there will be circumstances in which Governments have to move quickly.
As I understand it, and I will be corrected if I am wrong, at the moment parliamentary committees can sit not just on parliamentary sitting days but at any point in order to scrutinise regulations that are being put forward, often at very short notice. There is already the provision for some advanced scrutiny, but I absolutely accept that the situation in which we are working, not just in this instance but in a whole range of different ways, is not ideal, and it is not what we would choose in normal circumstances.
However, as the experience continues and as we go into the winter, it is right and proper and perfectly reasonable for the Parliament to ask the Government to consider whether there are further steps that we can take to enhance the scrutiny that the Parliament is able to bring to bear.
Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.
The House of Commons is one of the houses of parliament. Here, elected MPs (elected by the "commons", i.e. the people) debate. In modern times, nearly all power resides in this house. In the commons are 650 MPs, as well as a speaker and three deputy speakers.
The Speaker is an MP who has been elected to act as Chairman during debates in the House of Commons. He or she is responsible for ensuring that the rules laid down by the House for the carrying out of its business are observed. It is the Speaker who calls MPs to speak, and maintains order in the House. He or she acts as the House's representative in its relations with outside bodies and the other elements of Parliament such as the Lords and the Monarch. The Speaker is also responsible for protecting the interests of minorities in the House. He or she must ensure that the holders of an opinion, however unpopular, are allowed to put across their view without undue obstruction. It is also the Speaker who reprimands, on behalf of the House, an MP brought to the Bar of the House. In the case of disobedience the Speaker can 'name' an MP which results in their suspension from the House for a period. The Speaker must be impartial in all matters. He or she is elected by MPs in the House of Commons but then ceases to be involved in party politics. All sides in the House rely on the Speaker's disinterest. Even after retirement a former Speaker will not take part in political issues. Taking on the office means losing close contact with old colleagues and keeping apart from all groups and interests, even avoiding using the House of Commons dining rooms or bars. The Speaker continues as a Member of Parliament dealing with constituent's letters and problems. By tradition other candidates from the major parties do not contest the Speaker's seat at a General Election. The Speakership dates back to 1377 when Sir Thomas Hungerford was appointed to the role. The title Speaker comes from the fact that the Speaker was the official spokesman of the House of Commons to the Monarch. In the early years of the office, several Speakers suffered violent deaths when they presented unwelcome news to the King. Further information can be obtained from factsheet M2 on the UK Parliament website.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
