Delegated Powers and Law Reform Committee
Instruments considered under the European Union (Withdrawal) Act 2018
At its meeting on 24 September 2019, the Committee considered the following instruments under the protocol agreed between the Scottish Government and the Scottish Parliament in respect of SSIs made using powers under the European Union (Withdrawal) Act 2018-
the Food Information, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/285)
the Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/289)
The Committee's recommendations and conclusions in relation to these instruments are set out in the following section of this report.
Other instruments
The Committee determined that it did not need to draw the Parliament's attention to the instruments set out by the relevant lead Committees at the end of this report.
The Food Information, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/285)
Purpose
This instrument ensures the operability of domestic food legislation following the UK’s exit from the EU.
The instrument inserts transitional provisions into the Quick-frozen Foodstuffs Regulations 1990, the Food Hygiene (Scotland) Regulations 2006, the Food Additives, Flavouring, Enzymes and Extraction Solvents (Scotland) Regulations 2013, and the Caseins and Caseinates (Scotland) (No.2) Regulations 2016 to allow the food industry time to adjust to new labelling and information requirements for EU businesses and food products following the UK’s exit from the EU. A transitional period of 21 months is being provided during which time if food information and labelling complied with the law immediately before exit day, no offence will have been committed by the food business operator.
The instrument also amends the Honey (Scotland) Regulations 2015 to make technical changes to the origin labelling information requirements for blended honey. The amendments are to EU focused terminology and provide various new options for providing information on the origin of blended honey.
Committee Consideration
The Scottish Government has laid this instrument under the negative procedure and has categorised it as of low significance under the SSI Protocol.
The Committee is content with the Scottish Minister’s statement that the instrument does no more that is appropriate. It makes minor, technical amendments which are designed to ensure continuity for business. No substantial policy change is made by the instrument.
The Committee agrees that the negative procedure is appropriate and that the instrument is properly categorised as low in accordance with the protocol.
Recommendation
The Committee recommends to the Health and Sport Committee that the negative procedure is the appropriate scrutiny procedure for this SSI and that it is appropriately categorised as Low in terms of its significance under the SSI Protocol.
The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/289)
Purpose
Parts 3 and 4 of these Regulations are made under the European Union (Withdrawal) Act 2018. Part 3 of the Regulations corrects deficiencies and Part 4 revokes and re-introduces provision made in two previous EU Exit SSIs (SSIs 2019/190 and 209).
SSIs 2019/190 and 209 came into force before exit day but did not respect the requirement in paragraph 4(a) of schedule 2 of the 2018 Act. Paragraph 4(a) provides that no regulations may be made under Part 1 of schedule 2 of the 2018 Act so far as they are to come into force before exit day unless they are made after consulting with the Secretary of State. The Policy Note states that there was an oversight in relation to this consultation requirement and that the consultation requirement has been met in relation to this instrument.
Committee Consideration
The Scottish Government has laid this instrument under the negative procedure and has categorised it as of low significance under the SSI Protocol.
The Committee considers that this instrument makes changes that are minor and technical in nature to ensure legislative operability only and no policy change is being made.
The Committee therefore agrees that the negative procedure is appropriate and that the instrument is properly categorised as low in accordance with the protocol.
Recommendation
The Committee recommends to the Rural Economy and Connectivity Committee that the negative procedure is the appropriate scrutiny procedure for this instrument and that it is appropriately categorised as Low in terms of its significance under the SSI Protocol.
Health and Sport Committee
Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Amendment Order 2019 (2019/draft)
National Health Service (Serious Shortage Protocols) (Miscellaneous Amendments) (Scotland) Regulations 2019 (2019/284)
Justice Committee
Act of Sederunt (Rules of the Court of Session 1994 Amendment) (Signature of Petitions and Answers) 2019 (2019/293)
Victims and Witnesses (Scotland) Act 2014 (Supplementary Provision) Order 2019 (2019/draft)
Victim Surcharge (Scotland) Regulations 2019 (2019/draft)
Victim Surcharge Fund (Prescribed Relatives) (Scotland) Regulations 2019 (2019/282)
Serious Crime Act 2015 (Commencement No. 2) (Scotland) Regulations 2019 (2019/281) (C.10)
Enforcement of Fines (Relevant Penalty) (Scotland) Order 2019 (2019/280)
Rural Economy and Connectivity Committee
Plant Health (Scotland) Amendment Order 2019 (2019/290)