The Scotsman

Ministers’ bid for ‘Henry VIII’ powers is ‘chilling’

- By CONOR MATCHETT conor.matchett@jpimedia.co.uk

Opposition MSPS have criticised a “chilling” Scottish Government bill labelled a “power grab” despite ministeria­l commitment­s to water down the initial proposals.

The Coronaviru­s Recovery and Reform Bill has sparked criticism from legal experts and opposition MSPS due to the inclusion of so-called “Henry VIII” powers.

These powers would give ministers the ability to amend or repeal provisions of acts of Parliament using secondary legislatio­n.

The bill will give ministers the power to close schools, introduce lockdowns and shut down hospitalit­y and tourism without the approval of parliament.

However, speaking during the stage one debate in Holyrood, Covid recovery secretary John Swinney confirmed the government would bring a selection of amendments on the bill to strengthen the involvemen­t of MSPS.

The deputy first minister said the Scottish Government would bring amendments to the bill at stage two, including the requiremen­t of a “gateway vote mechanism” before the use of the Henry VIII powers was possible.

He told MSPS: "This would allow the Parliament to enact these powers with the confidence that lockdown, school closures and other emergency response measures could only be imposed in the event of a future public health threat in an emergency situation, if Parliament has so authorised.

"Building on the practices that have become familiar through the Covid pandemic and the need I have identified for an appropriat­e evidence base, the government declaratio­n underpinni­ng these issues would rely upon the advice of the chief medical officer.”

Mr Swinney also defended the bill as “appropriat­e” and said the changes to the law would give the government the ability to co-ordinate a national public health response.

The changes to the bill follow criticism by committees and legal experts about the Henry VIII powers.

Legal experts have suggested the powers are “rightly controvers­ial” because they “infringe upon the separation of powers, give legislativ­e functions to the executive” and can be passed with “modest” levels of parliament­ary scrutiny

A consultati­on by the c ovid -19 recovery committee found 81.9 per cent of the more than 1,000 respondent­s stated they did not support the proposals.

Opposition MSPS said they would not back the bill’s general principles, but welcomed the concession­s from ministers.

Murdo Fraser, the Covid-19 recovery spokespers­on for the Scottish Conservati­ves, said the bill represente­d a“power grab ”.

He said :“ire cog ni se that some concession­s have been made, but neverthele­ss this bill will still be on the statute book, it still represents a shift of power away from Parliament to government … it is unjustifie­d and inappropri­ate.”

Scottish labour’ s deputy leader Jackie Bail lie warned the bill would have“serious and long term consequenc­es” for democracy, allowing ministers to change the law without advance parliament­ary scrutiny.

Alex Cole-hamilton, leader of the scottish liberal democrats, said the bill was “cynical, quite frankly chilling politics” and an “unpreceden­ted power grab”

MSPS backed the bill by 65 votes to 53.

 ?? ?? ↑ Coronaviru­s Recovery and Reform bill described as ‘power grab’
↑ Coronaviru­s Recovery and Reform bill described as ‘power grab’

Newspapers in English

Newspapers from United Kingdom