The Scottish Parliament’s Delegated Powers and Law Reform Committee wrote to Justice Secretary Humza Yousaf earlier this month to ask for an explanation as to why ministers brought into force new regulations on restriction of liberty orders only three days after they were laid – a “significant breach” of the “28-day rule”.

The “28-day rule” provides that where a Scottish statutory instrument is subject to the negative procedure it must be laid at least 28 days before the instrument comes into force.

The Scottish government said there had been a significant increase in the number of community-based court orders imposed between November and December last year, which was placing pressure on availability of electronic tags.

The Restriction of Liberty Order etc. (Scotland) Amendment Regulations 2019 were required to allow the additional devices to be used to ensure there was a sufficient number of tags available to meet the demand.

Committee convener Graham Simpson MSP said: “The committee wrote to the Cabinet Secretary for Justice last week to ask for more details on why the Scottish government brought this instrument into force only three days after it was laid. This is a significant breach of the 28-day rule.

“Members will have seen Mr Yousaf’s response, which gives the committee a better understanding of why the new equipment to monitor individuals subject to a Restriction of Liberty Order was required over the Christmas period.

“The committee will I’m sure wish to welcome the Cabinet Secretary’s commitment to consider how any similar risks may be mitigated in future so that laying requirements can be met and appropriate Parliamentary scrutiny maintained.

“In saying that, it’s still unclear when the government were made aware of the potential shortage of monitoring equipment. Mr Yousaf said that this only became apparent ‘a few weeks before Parliamentary recess’. While it may still have been necessary to breach the 28-day rule, could more than three days’ notice have been provided?”

The committee has highlighted Mr Yousaf’s response to the Justice Committee, while also making clear the importance it puts on “parliamentary scrutiny” and the Scottish government meeting its “statutory obligations”.

Mr Simpson added: “While breaching the 28-day rule may at times be unavoidable, it should only be done when no alternatives exist.

“The reasoning provided to the Parliament by the government should clearly state the reason for the breach, provide details of when the government was made aware of the issue as well as what other options were explored.”