Thank you, convener. Good morning and thank you for providing this opportunity to clarify further why I am recommending that the committee consent to these UK-wide statutory instruments applying in Scotland.
As you know, the Cabinet Secretary for Government Business and Constitutional Relations wrote to the conveners of the Finance and Constitution Committee and the Delegated Powers and Law Reform Committee on 11 September, setting out the Scottish Government’s views on EU withdrawal. He said in that letter that we must respond to the UK Government’s preparation for a no-deal scenario as best we can, despite the inevitable widespread damage and disruption that such a scenario will cause. It is our unwelcome responsibility to ensure that devolved law continues to function on and after EU withdrawal.
The rationale for the proposed changes that these instruments will make is to ensure the continuation of important consumer protections provided by the current EU food and feed regulatory regime, to maintain the high standard of food and feed safety and hygiene that we currently benefit from as a member of the EU.
It is clear that the committee understands the importance of the legislation. Given the legislation’s complexity, it is understandable that you asked for additional information and clarification, which I have provided to you in writing.
In essence, the additional information related, first, to why the committee had originally received only eight days for scrutiny. That was due to the timing of the notification of the proposals from Westminster, which coincided with the Scottish Parliament recess. I am pleased to advise—as I did in writing yesterday—that officials have worked with their counterparts to negotiate revised laying dates at Westminster, which now gives the committee its full 28 days from the original notification being made. That is obviously very welcome.
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Secondly, the committee asked why the instruments had been categorised as category A as opposed to category B, as described in the protocol agreed between the Scottish Government and the Parliament. I provided more information in response to your questions. It is fair to say that categorisation is intended to be a guide to the committee, to assist with overall prioritisation, but the committee is of course entitled to ask for evidence. Hence we are happy to attend your meeting today.
Thirdly, you asked for clarification in relation to the possible implications for the proposed regulations of the recent BSE case in Aberdeenshire. I have written to confirm that the regulations are not directly related to BSE controls and that there are no impacts in relation to them. The instruments do not modify the principles or technical standards in EU law, which has served us so well; they are about ensuring the law’s continued operability should there be no deal between the UK and the EU by the end of March next year, which is a situation that I am sure that we all want to avoid.
The EU laws that are covered by these fixing instruments are concerned with general principles of food law, technical food hygiene standards and limits and levels of contamination in food. The instruments provide the mechanism by which the retained EU law in these areas might be modified in the future, if and when that is considered to be required.
As you will fully expect, we have ensured that the regulations provide for any such modifications in the future with regard to Scotland in respect of the devolution settlement. None of us wants to find us leaving the EU against our will and with no deal on 29 March 2019, but we must ensure that, should that happen as a consequence of the UK Government’s actions, there is a sound legal basis to the regulatory system for food safety to ensure that we can continue to protect public health.
I hope that that is helpful, as I hope that my written responses were.