Coronavirus explainer: What does the new emergency legislation do?

Mike Russell will put forward a consent motion which he hopes Holyrood will back to support the UK government's emergency coronavirus bill.

The UK government will today, with cross-party support, pass a 329-page emergency bill through the House of Commons.

However the Emergency Coronavirus Bill needs legislative consent from the Scottish Parliament as it covers issues which are both reserved to Westminster and devolved to Holyrood, including health and education.

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Last week, Constitution Secretary Michael Russell said he would be recommending that MSPs back the consent motion and allow the Bill to be introduced.

But what does the emergency law do?

The new law introduces temporary measures giving ministers wide-ranging powers to tackle the coronavirus pandemic. There had been concerns that these new powers would last for two years, but the government has since said that it accepts it should be for six month periods.

UK Health Secretary Matt Hancock has stressed that the powers in the Bill would only be used "when strictly necessary" and would remain in force only for as long as required to respond to the crisis.

The law allows for:

the emergency registration of nurses and other health and care professionals

the temporary modification of mental health and mental capacity legislation

indemnity for pandemic-related health service activity.

the registration of deaths and still births, cause of death certifications and cremations in Scotland

the temporary closure of educational institutions and childcare premises

giving public health officers, constables and immigration officers the necessary powers in the event that they need to be used to deal with potentially infected people

powers to give close down events, gatherings and premises

alternative delivery programmes for vaccination and immunisation

emergency registration of social workers in Scotland

powers to direct private organisations involved in the death management industry to deal with any emerging issues in relation to the transport, storage and disposal of dead bodies

temporary disapplication of disclosure offences

postponement of Scottish Parliament elections for constituency vacancies and postponement of local authority elections in Scotland for casual vacancies

suspension of restrictions on return to work through NHS pension scheme.

emergency arrangements concerning practitioners which would create a limited exception to the requirement to be on a performers list in order to practise as a GP in the NHS in Scotland

the appointment of temporary Judicial Commissioners

UK powers in the Bill

Of course not everything in the Bill has a devolved angle. For instance, once the Bill passes, officials will have the power to close the borders in the event that the Border Force is under intense pressure due to staffing shortages.

There has been pressure on the government to support workers who are unable to work during the crisis by increasing sick pay. To support businesses, the bill will allow employers to reclaim statutory sick pay funds from HMRC to help with the burden of increased staff absence. For workers, it will scrap the three-day waiting period so that they can receive the payments from the day they stop working.

Are there concerns about the Bill?

MPs have tabled over 30 amendments to the Bill - including one from Harriet Harman Labour MP and chair of the Committee on Human Rights.

Ms Harman's amendment called for the expiry of the new powers to be reduced from two years to six months. Under her proposals, the government could extend the powers for another six months but only with the consent of MPs.

So the government has now said it will introduce its own amendment which would ensure the powers have to be renewed every six months.

Labour's Chris Bryant had also been hoping to increase parliamentary scrutiny of the powers. However, following the government's amendment, Mr Bryant says there is no longer any need for his proposal.

When will it come into effect?

Any legislation has to pass to the House of Lords once it has cleared the Commons. The government has no majority on the red benches, so peers could make changes to the Bill.

Tomorrow MSPs on Holyrood’s Health and Sport Committee will hear from Health Secretary Jeane Freeman while Michael Russell will address the Finance and Constitution Committee. After the committee scrutiny the full Parliament will tomorrow afternoon be asked to agree to the consent motion.

The motion, which will be lodged by Mr Russell and supported by Ms Freeman the Cabinet Secretary for Health and Sport, is: “That the Parliament agrees that the relevant provisions of the Coronavirus Bill, introduced in the House of Commons on 19 March 2020, so far as they fall within the legislative competence of the Scottish Parliament or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.”

Once passed by the Lords, the Bill returns to MPs on Thursday and should be signed into law by the end of the day. The Bill is expected to receive Royal Assent and become law by the end of March.

Full details of the Bill can be found here: https://services.parliament.uk/Bills/2019-21/coronavirus.html