SNP ministers have been accused of a “shameless powergrab” after MSPs approved proposals allowing some emergency Covid powers to become permanent.
The Bill effectively gives ministers what are known as Henry VIII powers, allowing them to amend any act of parliament in a “serious and imminent crisis”.
It would also make changes in 30 specific legislative areas, including allowing the government to close schools, enforce stay-at-home restrictions and shut down hospitality venues without first having to seek the approval of parliament.
MSPs voted in favour of approving the Bill at stage three.
Scottish Labour Deputy Leader Jackie Baillie said: “Today the SNP and the Greens have joined together to ride roughshod over parliamentary democracy and ignore the views of the people of Scotland.
“This shameless power grab is an attack on scrutiny and an attempt to remove checks on this centralising government.
“Labour tried to reign in the worst excesses of this bill, so we can focus on the real and important question of how to build back better from Covid – but the SNP-Green Government’s single-minded obsession with monopolising power left us with no choice but to vote against this damaging legislation.”
Scottish Conservative Covid recovery spokesperson, Murdo Fraser, accused ministers of a “blatant power grab” that will give the Government “the ability to impose lockdowns and close schools and businesses without parliament’s approval”.
He added: “As we focus on rebuilding public services and the economy post-pandemic, there is no justification for the SNP Government to retain extraordinary powers over courts, schools and universities, which have caused serious concern among those who run them..
“This Bill has received the biggest public backlash since devolution – with well over 90% of responses to the public consultation opposing these powers being made permanent.”
But addressing the Henry VIII powers claims, SNP Covid Recovery Secretary, John Swinney, insisted that “the Parliament will always have full opportunity for scrutiny”.
He added: “I hope that the Parliament recognises that that demonstrates that we have listened to concerns and made real improvements to that part of the bill.”
Mr Swinney said that “the power itself is suitably limited”.
He added: “While the vast majority of temporary pandemic measures have already been removed or will expire by the end of September, the passing of this Bill maintains those that will ensure we are better prepared for future public health threats, pragmatic reforms that have enabled more efficient or convenient public services, and some temporary changes to mitigate the impact Covid has had on our justice system.
“I am grateful to members and everyone who has participated in the Bill process for their feedback, which helped to shape significant amendments that strengthen parliamentary safeguards when it comes to the use of public health protection and educational continuity powers, and support for those experiencing financial difficulties.”
The Scottish Greens welcomed the legislation, claiming it strengthens the rights of tenants and making it harder for landlords to evict tenants.
The Bill will abolish mandatory grounds for eviction, such as a landlord selling a house. Now, all grounds for evicting tenants are discretionary meaning all evictions must be ruled as reasonable by a tribunal.
Scottish Greens housing spokesperson, Ariane Burgess, said: “Access to good quality housing is a fundamental right and one that underpins the health, wellbeing, happiness and life-chances of people everywhere. This Bill will be a big step forward for tenants, and will provide vital protections from eviction."
"Today’s Bill is just the first step in a programme of real rent reform in Scotland. With Greens in government we are changing the rental sector and putting housing and the rights of tenants at the heart of our recovery. We aren’t just talking about change, we are delivering it."
She added: "By the end of this term we will introduce a far-reaching new deal for tenants, including further protections from unfair evictions and the right to decorate and keep pets and to make a house a home.
"Most importantly, we will be introducing a robust form of rent controls to stop the kind of rent increases we’ve seen throughout the pandemic and the cost of living crisis.”
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