THE SCOTTISH Government has been accused of “a blatant and unnecessary power grab” after proposals to make emergency Covid powers permanent narrowly made it through to the next parliamentary stage.

MSPs on Scottish Parliament’s Covid-19 Recovery Committee split down the middle on Coronavirus (Recovery and Reform) (Scotland) Bill, with the three SNP MSPs voting for, and the two Conservatives and one Labour MSPs all voting against. 

The legislation only passed when the SNP MSP Siobhan Brown, who convenes the cross-party group, used her casting vote.

The Bill effectively gives ministers what are known as Henry VIII powers, allowing them amend any act of parliament in a “serious and imminent crisis”. 

It would also allow the government to close schools, enforce stay-at-home restrictions and shut down hospitality venues without first having to seek the approval of parliament.

It was hugely opposed in the committee’s consultation, with 90 per cent of the 4,000 organisations and individuals who responded critical of the legislation.

The committee did recommend some changes, which they said would “ensure that Parliament’s ability to hold Scottish Ministers to account in a public health emergency is sufficiently robust”.

The committee said that where legislation is being made urgently, Ministers should provide a written statement prior to the legislation coming into force – along with an assessment of the impact the legislation would have.

They also suggested a list of considerations ministers must have in determining whether something is “serious and imminent.”

However, there was no agreement on the inclusion of the Henry VIII powers in the Bill.

There was a suggestion the committee could either remove this provision entirely or delay its commencement "until a public health emergency arises" and then let Parliament scrutinise the decision "to commence the powers in those circumstances."

Ms Brown said: “The pandemic offered us first hand, an opportunity to stress test our preparedness for and resilience against public health threats. We’ve seen the challenges Scottish Ministers faced in responding to the emerging and evolving situation – and also Parliament’s challenges in holding ministers to account. Now we have the time to take stock. 

“That’s why our scrutiny has been so thorough – adopting a cross-parliamentary approach involving four different Committees – in order that no stone be left unturned. It’s imperative that we learn lessons and have legislation in place that is suitably flexible and proportionate to support an effective response to future threats.

“By strengthening the provisions within this Bill and ensuring that improvements are made to key areas, we set ourselves up for a more resilient future."

Tory MSP Murdo Fraser, who sits on the committee, said: “The SNP’s plans for this power-grab Bill have already faced condemnation from all sides – and have only been pushed through the Covid Recovery Committee on the SNP convener’s casting vote.

"Over 80 per cent of respondents to the Government’s survey opposed keeping powers to enforce lockdowns, bring in travel restrictions and close schools.

“But SNP MSPs have ignored the overwhelming opposition of the public to press ahead with bringing these extreme powers into law.

“This is a blatant and unnecessary power grab – and anyone who wants a fair, accountable and democratic government should have grave concerns over these proposals.

"The SNP Government have said they’ll consider the committee’s concerns. I urge them to scrap these plans altogether and row back on this shocking overreach.”