Most of EU law, as it stands on exit day from the EU, will convert into UK law. This is called “retained EU Law”.
This is a Government bill
The Bill became an Act on 1 October 2020
This Bill was passed and is now an Act of the Scottish Parliament.
Most of EU law, as it stands on exit day from the EU, will convert into UK law. This is called “retained EU Law”.
Scottish Ministers will be able to simplify or improve the European Union (EU) Common Agricultural Policy (CAP). The Bill will also give new powers for collecting agricultural data. If an individual doesn't provide agriculture data then there may be a fine. This is a new power.
The Bill ensures that on exit day, the Scottish Ministers will have the power to ensure that CAP legislation continues. This may be as it is or with any improvements they may want to make.
The majority of CAP legislation is about financial support to farmers.
This Scottish Government Bill was introduced by the Cabinet Secretary for the Rural Economy, Fergus Ewing MSP, on 6 November 2019.
The UK’s exit from the EU will mean that EU law will not apply in Scotland.
Scottish Ministers will have the power to transfer EU law into domestic Scottish law.
You can find out more in the document introduced by Fergus Ewing MSP that explains the bill.
Agriculture (Retained EU Law and Data) (Scotland) Bill (299KB, pdf) posted 13 November 2019
Explanatory Notes (273KB, pdf) posted 07 November 2019
Policy Memorandum (260KB, pdf) posted 07 November 2019
Financial Memorandum (270KB, pdf) posted 07 November 2019
Delegated Powers Memorandum (216KB, pdf) posted 11 November 2019
Statements on legislative competence (94KB, pdf) posted 11 November 2019
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Agriculture (Retained EU Law and Data) (Scotland) Bill SPICe briefing
The Bill was introduced on 6 November 2019
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Rural Economy and Connectivity Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 5 May 2020 to consider and decide on the general principles of the Bill.
See further details of the motion
See further details of the motion
The Bill ended Stage 1 on 5 May 2020
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting that will be held on 17 June 2020:
First Marshalled List of Amendments for Stage 2 (177KB, pdf) posted 12 June 2020
First Groupings of Amendments for Stage 2 (176KB, pdf) posted 12 June 2020
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (321KB, pdf) posted 19 August 2020
Supplementary Delegated Powers Memorandum (205KB, pdf) posted 23 July 2020
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 17 June 2020
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the changes considered at the meeting that was held on 26 August 2020:
First Marshalled List of Amendments for Stage 3 (126KB, pdf) posted 20 August 2020
Timed Groupings of Amendments for Stage 3 (146KB, pdf) posted 25 August 2020
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 113 for, 0 against, 0 abstained, 16 did not vote Vote Passed
See further details of the motion
See further details of the motion
Printing changes are changes to the text of a Bill. They will not change the legal effect of the Bill.
Agriculture (Retained EU Law and Data) (Scotland) Bill printing changes after Bill as passed (96KB, pdf) posted 07 October 2020
The Bill ended Stage 3 on 26 August 2020
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act become law on different dates.
The Bill was passed on 26 August 2020 and became an Act on 1 October 2020.