 Rwy'n ei gael表 sy'n defnyddio ein ffawr yn y Llywodraeth Cwmennol yma i fynd i'i gwirion iawn o'r ffordd ar y Cyflawn Cymru. Mae'n dda i fwyllgor o'r Gwrim Simpson MSP, a fyddwn i'n dda i ffawr am Fawr i Gorffy Gael Dynnu. Ffawr i gael ansfnoli'r unig gennych hynny, rydw i'n gŵr i'w ddynnu gwirion sy'n gwypeth gydrach hybridig i gyd o'i tynnu cymaint o'r ychydig yn fwyllgor. The first item of business is to decide whether to take items 6 and 7 in private, as a committee content to take those items in private. Under agenda item number 2, we are considering instruments subject to the made affirmative procedure. An issue has been raised on one of those instruments, which is SSI 2022-40, the Coronavirus Act 2020, alteration of expiry date, Scotland regulations 2022. The instrument extends the expiry date of various provisions of the 2020 act that apply in Scotland from 24 March 2022 to 24 September 2022. In correspondence with the Scottish Government, the committee asked two questions related to this instrument. Firstly, clarification was sought on the statement in the accompanying policy note that only the made affirmative procedure was available for this instrument. Secondly, the committee sought clarification on the extension of the expiry by regulation 2A of the instrument of section 18-2 and part 2 of schedule 13 of the 2020 act. In response, the Scottish Government firstly confirmed that section 95-5 of the Coronavirus Act 2020 does give a choice of procedure between affirmative and made affirmative procedures. Secondly, the Scottish Government acknowledged that regulation 2A read on its own implies that the transitional provisions in paragraphs 15 and 16 of schedule 13 and section 18-2 and paragraph 10 of that schedule, so far as relating to those paragraphs 15 and 16, are also extended to 24 September 2022. However, the leading text to regulation 2 makes clear explicitly that the instrument and so regulation 2A only extends the relevant provisions when they would otherwise expire by virtue of section 89 of the act. The Scottish Government thanked the committee for drawing the matter to its attention. It has insulated an amending policy note to clarify that a choice of procedure is available and to add an explanation of the combined effect of regulation 2A of the instrument and section 89-2S of the Coronavirus Act 2020. Do members have any comments to make on this instrument? Thank you, convener. I just put on the record some concerns that I have about the instrument and perhaps to make a suggestion as to how we might satisfactorily address those concerns. From a general point of view, I have a concern about the extension of those powers at this time, given that we are emerging from the Covid pandemic, and those are emergency powers that could be perceived and are now being used or extended into a non-emergency period. I note that a number of those provisions come into effect from March 24 to September 24, given the opportunity to use either the affirmative or the made affirmative instrument after the Government clarified that both routes were open to them. They are still determined to use the made affirmative instrument, which limits the scrutiny of the Parliament in relation to the measures that are contained within the instrument. If it is acceptable to the committee, I propose that we hold off on that and try to delay further consideration of the instrument and write to the relevant minister, the Deputy First Minister, to see whether we might be able to bring forward an evidence session so that we can put those concerns to him and seek any subsequent reassurance in relation to the provision of the measures that will be extended and also in relation to the use of the made affirmative for this particular instrument. I know that we have some time, a short space of time, and I would be content for the committee to write as suggested. I will then take the matter from there, if that is okay with everyone. Under the agenda item, no points have been raised on SSIs 2022, 46 and 53. Do any members have any comments to make on either of those instruments? No. That is the committee content with those two instruments. Under agenda item number three, we are considering instruments that are subject to the affirmative procedure. No points have been raised on the following draft instruments, the forensic medical services self-referral evidence retention period of Scotland regulations 2022, the forensic medical services modification of functions of healthcare improvement Scotland and supplementary provision regulations 2022, the budget Scotland act 2021 amendment regulations 2022, the health protection coronavirus requirements Scotland amendment number four regulations 2022 and the health protection coronavirus restrictions directions by local authorities at Scotland amendment regulations 2022. Do any members have any comments to make on any of those instruments? Thank you, convener. If I could come in on health protection coronavirus requirements Scotland amendment number four regulations and effectively just to flag up this as an instrument of concern, which, if approved, would come into effect on February 27th, which is only a matter of days away, so I'm concerned, obviously, about the expedited nature of this. I accept that it is an affirmative instrument, so we will get a vote on it, but the measures contained within this instrument are really quite fundamental, and they do include the on-going wearing of face coverings and the use of vaccine passports, which I understand has been certainly the latter has been an issue that this committee has taken quite considerable interest in. Given that we are no longer in an emergency situation, I find it hard to see the justification for gifting these powers to the government any longer, and I think I know we're having a debate on the use of delegated legislation this afternoon. I don't want to rehearse the arguments in relation to that, but I think given that we don't have much time to scrutinise this, the committee has expressed reservations about the window of opportunity to examine the regulations and the extension of them. Given that I can't see the justification either for the regulations or, in fact, for using a delegated route to extend them, especially given that there is primary legislation coming forward, we will look at the issues that we will discuss in private later on. The Parliament will be debating in the future, so on this basis I wouldn't be content for us not to draw the attention of Parliament to this instrument, and therefore I would seek to have a vote on this particular instrument. I think that you have raised a number of points, Mr Hoy. Some of your concerns relate to the actual policy issues in addition to the route that the instrument has been brought forward into the Parliament. Clearly, in terms of policy matters, it will be up to post-questions to the relevant Deputy First Minister in the relevant committee. In terms of the actual order, I know that this was a matter that came up in the committee before we knocked off for the recess. I noticed that there were two options for the instrument to come in as I made affirmative or the expedited affirmative process, which I agreed to do, so that there could be some dialogue with the committee on it and for us to undertake our role better. I am content with the instrument because of the opportunity that we have had to discuss it. There are recommended actions to not draw it to the attention of the Parliament, so I clearly think that there will be a division on this. If the colleagues have got any other comments to make, I am happy to hear them. It appears as if we will have a division on this instrument. I will ask members to raise their hands on whether they wish to make no recommendations in relation to the instrument. The three options are to agree, to not agree or to abstain. Could all members who agree please raise their hands? No members wish to abstain on this. The committee is therefore agreed, however, members' concerns about the instrument have been expressed and noted on the record. It was just in relation to the health regulations, coronavirus restrictions, directed by local authorities, the Scottish Government regulations 2022. Just in light of the discussion that we had about the extension of expiry date, I wonder whether it might be an opportunity for us to give a further discussion and scrutiny if, indeed, we have the minister in next week. We are going to be contacting the DfM on this, so we can highlight this particular instrument at the record. Any other comments about the instrument? The committee is content with the instruments that are notwithstanding the vote that we just had and the other instrument from Mr Roy. Under agenda item 4, we are considering instruments that are subject to the negative procedure. No points have been raised on SSIs of 2022, 31, 36, 37, 39, 42, 45, 48, 50 and 51. Do members have any comments to make on any of these instruments? As a committee, we are content with the instruments. Under agenda item 5, we are considering instruments that are subject to the Laid-Only Procedure. No points have been raised on SSIs of 2022, 22, 24 and 43. Is the committee content with these instruments? Thank you. With that, I will move the committee into private.