The Scottish Government has triggered a six month extension of some emergency Coronavirus powers while it attempts to enshrine them in law permanently.

The majority of provisions made under the UK Coronavirus Act 2020 are due to expire this March following a two year period.

However, Scottish Ministers have triggered a six month extension on five of the powers, meaning they will remain in force until September 24th 2022.

Among the five being retained are wide-ranging powers to make public health protection regulations without having to seek parliamentary approval. This includes the power to close businesses and the ability to prohibit and restrict events and gatherings.

Deputy First Minister and COVID Recovery Secretary John Swinney said: "While we have seen a welcome easing of restrictions, and hope that measures can continue to be eased, it is right that we remain vigilant to protect this hard-won progress.

"For that reason we believe some of these provisions remain necessary and proportionate to mitigate the ongoing impact of COVID-19 on our public services, and any future health threats."

Long-term powers

During the six month extension, the Scottish Government will seek to make many of the emergency powers permanent.

Ministers have faced a backlash since introducing the Coronavirus (Recovery and Reform) (Scotland) Bill, which would give ministers the ability to respond to future public health emergencies in a similar way to legislation passed during the pandemic.

However, the proposals have been described as a power grab which could sideline democratic scrutiny.

Opposition from legal chiefs

The Law Society of Scotland has raised concerns about the extension of powers, in particular the public health protection regulations.

In a consultation response, the organisation said: "These provisions have the potential to result in very significant restrictions on liberty being imposed by Regulation, with reduced opportunities for parliamentary oversight and scrutiny.

"This in turn creates a risk of misuse, or of powers being used in error. There must be sufficient safeguards to maintain checks and balances on executive powers, and to ensure appropriate parliamentary oversight."

On the longer-term plans, Mr Swinney added: "Although not required to by law, the Scottish Government has reported to Parliament on the use of these UK Act powers every two months throughout the pandemic to enable parliamentary scrutiny of their use, and will continue to do so.

"As set out in the Recovery and Reform Bill, it is our intention that the extended provisions be included in permanent legislation, subject to full parliamentary scrutiny of the Bill."

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