Coronavirus (Extension and Expiry) (Scotland) Bill: Stage 2

Part of the debate – in the Scottish Parliament at on 23 June 2021.

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Photo of John Swinney John Swinney Scottish National Party

This is getting us off to an absolutely fabulous start. It is refreshing to be reminded that Jackie Baillie is, if nothing else, up front in what she does. Murdo Fraser’s contribution contrasted with Jackie Baillie’s makes me feel that I am between the devil and the deep blue sea in arguing that the provisions of the bill are designed to follow a very narrow purpose, which is to ensure that a number of practical operational factors and provisions that are in place to help us to manage the challenges of Covid are either maintained in statute or expired as a consequence of the bill. Who knows, perhaps more of them will be expired as a consequence of amendments.

I am grateful to Jackie Baillie for her explanation of the purpose of amendment 1, but it is an unnecessary and potentially confusing amendment. The Government’s general approach to the drafting of bills is to avoid including purpose sections. We avoid them because they have a legal effect by virtue of their inclusion in a bill, which means that they are open to legal interpretation, and that interpretation may have unintended consequences for other provisions in the bill.

The long title of the bill already makes it crystal clear to the reader what the bill does. I do not think that the addition of a purpose section adds anything. Instead, it introduces an element of uncertainty that I think that it is important that we avoid. For those reasons, I invite Jackie Baillie to not press amendment 1. If she does, I encourage the Parliament to vote against the amendment.