Coronavirus and Scotland

The UK Government has failed to make clear when its messaging applies only to England, causing unnecessary confusion in the devolved nations. There should be messaging clarity to minimise confusion across national boundaries, and this must begin to happen with immediate effect. Then, in its response to the Committee, the Government must outline how it intends to address its failings in messaging, and how it plans to distribute future messages. All Government policy announcements must state clearly to which nation they apply. Post-message clarification is too late a point for providing these explanations, since, it risks leaving members of the public without the information they need to determine which messages apply to them, when they need it.

We are concerned to hear that Ministerial Implementation Groups (MIGs) and COBRA have ceased to meet in the context of the pandemic. From what we have heard about how communication standards currently stand, decision-makers in devolved nations have come to be consulted in an informal way, rather than via formalised, minuted mechanisms like the JMC. We recommend that the Government outline how it has discussed decisions about the pandemic with decision-makers in devolved nations, and how it has guaranteed that regular communication have been taking place between the four nations, thus far. The Government should explain why MIGs and COBRA have ceased to meet and what consultation there was with the Scottish, and other devolved governments, prior to this decision.

Looking to the future, Ministers must outline, in response to this report, their plans for the coronavirus Cabinet Committees, [Covid-19 Operations Committee and COVID-19 Strategy Committee] and how those Committees will incorporate the priorities of the devolved nations. In view of the previous Scottish Affairs Committee’s report on intergovernmental relations, the Government must now commit to the following: (Paragraph 61) • That key decision-makers in devolved nations hold permanent seats on the COVID-19 Cabinet Committees; (Paragraph 61.i)) • That the COVID-19 Committees be staffed by officials with a deep understanding of all four nations of the UK. In particular, the secretariat must include officials from the Office of the Secretary of State for Scotland, the Office of the Secretary of State for Wales and the Northern Ireland Office, as well as representatives of the Scottish Government (and other nations including Wales and Northern Ireland); and (Paragraph 61.ii)) • That formal mechanisms will exist to guarantee intergovernmental communications, including formal meetings between Ministers in devolved nations; officials in devolved nations; advisory services in devolved nations. (Paragraph 61.iii)) Coronavirus and Scotland: Interim Report on Intergovernmental Working 33

We have also noted that the Joint Ministerial Committee (JMC) has not been used as a method of intergovernmental communication throughout the pandemic, although we have heard suggestions that it would not have been fit for purpose in the COVID-19 context. This raises further questions about the resilience and suitability of existing intergovernmental structures in crisis situations and what it means for the future of intergovernmental relations. We call on the Government to justify its preference for COBRA and the Ministerial Implementation Groups over the Joint Ministerial Committee as the main mechanisms for intergovernmental relations during the pandemic thus far.

We also recommend that the Government explain to us how it will incorporate concerns about the resilience and suitability of current IGR structures (particularly the JMC) into its ongoing review of Intergovernmental Relations.

Evidence heard on the role of the Office of the Secretary of State for Scotland (Scotland Office) echoes the findings of the previous Committee, which found that Scottish and UK Ministerial counterparts preferred to communicate directly, rather than via the Office of the Secretary of State for Scotland. While the Secretary of State and officials at the Scotland Office provided us with accounts of additional engagement with the Scottish Government, there is a continuing risk of the Scotland Office finding itself out the loop on UK-Scotland issues relating to the pandemic.

The Government must specify and define a clear role for the Office of the Secretary of State for Scotland in the context of COVID-19 and similar UK-wide emergencies. We understand that the Department is committed to being Scotland’s voice in Whitehall and has already arranged a series of communications between respective Ministers and officials in the Scottish and UK administrations. In that case, we think there is potential for it to play a formal coordination role in ensuring that relevant ministers in the UK and Scottish Governments are meeting regularly and are invited to all intergovernmental discussions. This may help fill the ‘vacuum’ in ministerial level communication between the UK and Scottish Governments that has been described to us.

Communication on a scientific level appears to have been regular and consistent between the four nations. Transparency around SAGE has improved with the publication of its membership and minutes. However, it is unclear whether the advice given by SAGE and the Scottish Government’s COVID-19 Advisory Group to their respective Governments has been the same through-out the pandemic. This may be due to emphasis on different considerations in each area of the UK, including demographic considerations, such as age, and local R rate. It is difficult to assess these concerns due to issues around transparency.

We call on the UK and Scottish Governments to provide details of the procedures and processes used by their advisory groups for providing scientific advice. A commitment to transparency around scientific advice would provide the public and Parliament with the means necessary to scrutinise decisions around the pandemic. (Paragraph 84) 34 Coronavirus and Scotland: Interim Report on Intergovernmental Working

In addition, we recommend that both the UK and Scottish Governments should consider increasing the number of ‘on the ground’ public health officials in key advisory roles to complement the expertise of academics.

The concept of the Joint Biosecurity Centre has been broadly welcomed by the witnesses we heard from, particularly the opportunity for the sharing and development of data sets. However, some questions around the role of the Centre remain, particularly how the devolved nations will feed in.

The Government must answer a range of outstanding questions in relation to the Joint Biosecurity Centre, including: the Government’s assessment of the benefits of establishing such a Centre for all four nations, how the devolved administrations will contribute and who in the Scottish Government will be given the opportunity to do so. (Paragraph 94) Coronavirus and Scotland: Interim Report on Intergovernmental Working 35

We agree with Professor Nicola McEwen that trust is an essential ingredient for intergovernmental relations, and it is clear that trust needs to develop between the UK and Scottish Governments. This takes effort from both sides. Holding regular, formal, structured, minuted meetings is an essential part of co-ordinating the response to a pandemic that does not respect borders. All four Governments of the UK need a reliable forum for communicating with other key decision makers to ensure that a co-ordinated, evidence-based response is achieved. The current rising case numbers make the need for such an approach even more vital. Regular meetings can help build on the existing relationships and grow trust between the two Governments. We build on our previous recommendation in the interim report (paragraph 60) and recommend that a timetable of regular intergovernmental meetings should be set up, both during the rest of this pandemic, especially if there is a second wave, but also for after the pandemic. We need a resilient format to be put in place immediately so that we know there will be regular, formal, planned meetings of key decision makers.

We welcome the review of intergovernmental working and look forward to seeing the results of the report. We intend to return to this issue later in the Parliament.

The evidence we received covering the general role of the Office of the Secretary of State for Scotland has been helpful. We look forward to hearing a response to the recommendation in the interim report about the specific role of the Office of the Secretary of State for Scotland during the coronavirus pandemic and what their role could be in the context of similar UK-wide emergencies. (Paragraph 22) Health

We recommend that the lessons learned from Exercise Cygnus in relation to intergovernmental working, specifically inviting devolved administrations to smaller meetings, are revisited. This should feed into the public inquiry of Covid-19, as committed to by the Prime Minister. A section of this public inquiry should relate to the pandemic in Scotland. This should focus on areas of reserved competence, concentrating on intergovernmental relations and working together in the health sector. It is crucial following the publication of this review that lessons learned are implemented and are assessed annually to ensure that Scotland is prepared for any future pandemics. (Paragraph 31) Economy

The evidence we have received suggests that the economic support packages provided by both the UK and Scottish Governments have been effective. Nonetheless, we believe that there is a case for conducting a review of the impacts of these packages, Coronavirus and Scotland 39 ensure they provided value for money and were targeted appropriately, and to see what lessons could be learned for any future similar contingencies. This review should take place by Easter 2021 and implement lessons learned into contingency planning by the end of 2021 at the latest.

The Government response to our predecessor Committee’s report on Immigration and Scotland is now more than two years overdue. While we acknowledge the exceptional pressures on the Government in recent years, a delay of this length is wholly unacceptable. The response must now be produced as soon as possible, and in any case no later than the end of 2020.

The Seasonal Workers Pilot Scheme is vital for the Scottish food sector, the pandemic highlighted that there is not the local take-up for these seasonal roles. We believe that not having enough people to harvest Scottish food puts an important part of the Scottish economy at risk, along with the ability to feed Scottish people and export food. With potential continued restrictions upon immigration as cases rise, the UK Government needs to assess the impact of the “Pick for Britain” scheme moving forward. We agree with the evidence we have heard about increasing numbers for the Seasonal Workers Pilot Scheme and recommend that numbers on this programme be increased by at least 50%.

We acknowledge there are staffing issues for the health and social care sector and that the Migration Advisory Committee did not have enough information when making the decisions about the Shortage Occupation List for Scotland. We welcome the recent development of including senior care workers and nursing assistants to the Shortage Occupation List but do not believe this goes far enough. We recommend that the Migration Advisory Committee include all key health and social care workers on the Shortage Occupation List for Scotland. We also urge the Scottish Government to do more to encourage a larger share of migrants to the UK to live in Scotland.

Scottish exports make a major contribution to the Scottish economy and the risks to those key export sectors ought to be a major concern of both the UK and Scottish Governments. We have heard about the huge reduction in exports throughout the first part of 2020, largely due to the coronavirus pandemic. More could be done to support exports both in the short and long-term.

We recommend that when the UK Government plans for future pandemics it considers all three areas—immigration, supply chain and exports—as part of the whole picture. Where responsibility is devolved to Scotland, the UK Government and Scottish Government should work closely together to support these three key areas. These plans should be annually reviewed by the UK Government and have the recommendations implemented as soon as practicable, at least by the end of