CTEEA/S5/20/25/A CULTURE, TOURISM, EUROPE AND EXTERNAL AFFAIRS COMMITTEE AGENDA 25th Meeting, 2020 (Session 5) Thursday 29 October 2020 The Committee will meet at 9.00 am in a virtual meeting and will be broadcast on www.scottishparliament.tv. 1. Decision on taking business in private: The Committee will decide whether to take item 6 in private. 2. Subordinate legislation: The Committee will take evidence on the Census (Scotland) Amendment Order 2020 [draft] from— Fiona Hyslop, Cabinet Secretary for Economy, Fair Work and Culture, and Jamie MacQueen, Lawyer, Scottish Government; Pete Whitehouse, Director of Statistical Services, National Records of Scotland. 3. Subordinate legislation: Fiona Hyslop (Cabinet Secretary for Economy, Fair Work and Culture) to move— S5M-22767—That the Culture, Tourism, Europe and External Affairs Committee recommends that the Census (Scotland) Amendment Order 2020 [draft] be approved. 4. BBC Annual Report and Accounts: The Committee will take evidence from— Steve Carson, Director, BBC Scotland; Glyn Isherwood, Chief Financial Officer, BBC. 5. Consideration of evidence (in private): The Committee will consider the evidence heard earlier in the meeting. 6. Pre-Budget Scrutiny: The Committee will consider correspondence. CTEEA/S5/20/25/A Stephen Herbert Clerk to the Culture, Tourism, Europe and External Affairs Committee Room T3.40 The Scottish Parliament Edinburgh Tel: 0131 348 5234 Email: [email protected] CTEEA/S5/20/25/A The papers for this meeting are as follows— Agenda item 2 Note by the Clerk CTEEA/S5/20/25/1 Agenda item 4 Note by the Clerk CTEEA/S5/20/25/2 PRIVATE PAPER CTEEA/S5/20/25/3 (P) Agenda item 6 PRIVATE PAPER CTEEA/S5/20/25/4 (P) CTEEA/S5/20/25/1 Culture, Tourism, Europe and External Affairs Committee 25th Meeting, 2020 (Session 5), Thursday 29 October 2020 Subordinate Legislation Note by the Clerk Overview of instrument 1. The following instrument, subject to affirmative procedure, is being considered at today’s meeting: • The Census (Scotland) Amendment Order 2020 Background 2. The purpose of these regulations is to amend the Census (Scotland) Order 2020 to change the date on which the next census will be taken to 20 March 2022. 3. The Census (Scotland) Amendment Order 2020 provides the framework to change the date set out in the Census (Scotland) Order 2020 (“the principal Order”) on which the census is to be taken to 20 March 2022; and to make further amendments to the principal Order which are consequential to that change. 4. The instrument is attached at Annexe A and the policy note for the instrument is attached at Annexe B. Delegated Powers and Law Reform Committee consideration 5. The Delegated Powers and Law Reform Committee considered this instrument at its meeting on 29 September 2020 and determined that it did not need to draw the attention of the Parliament to the instrument on any grounds within its remit. Procedure 6. Under Rule 10.6.1 (a), this instrument is subject to affirmative resolution before it can be made. It is for the Culture, Tourism, Europe and External Affairs Committee to recommend to the Parliament whether the draft instrument should be approved. 7. The Cabinet Secretary for Economy, Fair Work and Culture has, by motion S5M- 22767, lodged on 21 September 2020, proposed that the Committee should recommend the approval of this statutory instrument. The Cabinet Secretary will attend in order to speak to and move the motion. Ahead of the formal debate (as part of an earlier agenda item), there will be an opportunity for members to ask questions of the Cabinet Secretary and her officials on the background to and purpose of this instrument. 1 CTEEA/S5/20/25/1 8. At the end of the debate, the Committee must decide whether or not to agree the motion, and then report to Parliament accordingly. Supporting information 9. The Committee took evidence from National Records of Scotland (NRS), on 17 September 2020, regarding the process undertaken by NRS which led to the advice, to Scottish Ministers, to change the date of the Census. Following the evidence session, the Committee wrote to NRS seeking additional information. This correspondence and the response from NRS are attached in Annexe C. Laetitia Jan Assistant Clerk Culture, Tourism, Europe and External Affairs Committee 26 October 2020 2 CTEEA/S5/20/25/1 ANNEXE A Draft Order laid before the Scottish Parliament under section 1(2) of the Census Act 1920, for approval by resolution of the Scottish Parliament. D R A F T S C O T T I S H S T A T U T O R Y I N S T R U M E N T S 2020 No. CENSUS The Census (Scotland) Amendment Order 2020 Made - - - - 2020 Coming into force in accordance with article 1(1) At the Court at Buckingham Palace, the day of 2020 Present, The Queen’s Most Excellent Majesty in Council This Order is made in exercise of the powers conferred by section 1(1) of the Census Act 1920(a) and all other powers enabling Her Majesty to do so. In accordance with section 1(2) of that Act(b) a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament(c). Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to order as follows: Citation, commencement and extent 1.—(1) This Order may be cited as the Census (Scotland) Amendment Order 2020 and comes into force on the day after the day on which it is made. (2) It extends to Scotland only. Amendment of the Census (Scotland) Order 2020 2.—(1) The Census (Scotland) Order 2020(d) is amended in accordance with paragraphs (2) to (4). (a) 1920 c.41. (b) Section 1(2) has been modified by the Statutory Instruments Act 1946 (c.36), section 6(2), and by the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10), schedule 3, paragraphs 3 and 5. (c) The powers in section 1(1) of the Census Act 1920 (to prescribe particulars with respect to the matters mentioned in paragraph 6 of the schedule and otherwise) are exercised together by virtue of section 3 CTEEA/S5/20/25/1 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. This Order is subject to the affirmative procedure by virtue of section 33(3) of that Act. (d) S.S.I. 2020/76. (2) In article 2 (interpretation)— (a) in paragraph (1)— (i) in the definition of “census day”, for “21 March 2021” substitute “20 March 2022”, (ii) in the definition of “census night”, for “21 to 22 March 2021” substitute “20 to 21 March 2022”, (b) in paragraph (6)(a)(ii)— (i) for “22 March 2020” substitute “21 March 2021”, (ii) for “20 March 2022” substitute “19 March 2023”, (c) in paragraph (6)(b)(ii)— (i) for “22 March 2020” substitute “21 March 2021”, (ii) for “20 March 2022” substitute “19 March 2023”. (3) In article 3 (date on which census is to be taken) for “21 March 2021” substitute “20 March 2022”. (4) In paragraph 12 of schedule 2 (particulars to be stated in returns), for “21 March 2020” in each place where it occurs substitute “20 March 2021”. Name Clerk of the Privy Council 4 CTEEA/S5/20/25/1 2 EXPLANATORY NOTE (This note is not part of the Order) This Order is made under the Census Act 1920. Article 2 amends the Census (Scotland) Order 2020 (“the principal Order”) by changing the date on which a census is to be taken from 21 March 2021 to 20 March 2022 and making further amendments to the principal Order which are consequential to that change. 5 CTEEA/S5/20/25/1 ANNEXE B POLICY NOTE CENSUS (SCOTLAND) AMENDMENT ORDER 2020 SSI 2020/XXX The above instrument was made in exercise of the powers conferred by section 1(1) of the Census Act 1920. The instrument is subject to the affirmative procedure. Purpose of the instrument: To amend the Census (Scotland) Order 2020 to change the date on which the next census will be taken to 20 March 2022. Policy Objectives The key policy objectives of this Order are to: 1. change the date set out in the Census (Scotland) Order 2020 (“the principal Order”) on which the census is to be taken to 20 March 2022; 2. make consequential changes to the principal Order to reflect the new census date. The information collected through the census is a tool utilised by public bodies and other organisations across Scotland to inform key financial and policy decisions on how services such as transport, housing, schools and hospitals are planned. The census also helps paint an important picture of the characteristics of our population, helping us to understand the similarities and differences in the population’s characteristics locally and nationally, now and over time. Background The Census Act 1920 allows for a census to be taken no less than five years after the last census. The census in Scotland is usually carried out every 10 years on behalf of the Registrar General for Scotland. The last census in Scotland was held on 27 March 2011. The principal Order allowed for a census to be taken on 21 March 2021. Due to the significant impact of the COVID-19 pandemic Scottish Ministers have decided to move Scotland’s Census to 20 March 2022. This Order amends the principal Order to change the date on which the census is to be taken to 20 March 2022, and to make consequential changes to the principal Order to reflect the new census date.