Delegated Powers and Law Reform Committee
Meeting date: Tuesday, December 10, 2019
Official Report 449KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instrument subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instruments not subject to Parliamentary Procedure
Instruments subject to Negative Procedure
Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (SSI 2019/407)
The first instrument for consideration under agenda item 3 is SSI 2019/407, which amends existing domestic food and feed law to provide for the execution and enforcement in Scotland of the food and feed elements of the new European Union official controls regulation and the associated tertiary legislation.
The instrument was laid before the Parliament on 28 November and will come into force on 14 December. Accordingly, it does not respect the requirement that at least 28 days should elapse between the laying of an instrument that is subject to the negative procedure and the coming into force of that instrument. The reasons for the failure to comply with that requirement are set out in a letter of 28 November from the Scottish Government to the Presiding Officer, which is available in our published papers.
Is the committee content that the failure to comply with section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 is acceptable in the circumstances?
Members indicated agreement.
Standing orders require the committee to draw the Parliament’s attention to any failure to respect the 28-day laying requirement. Does the committee therefore wish to draw the instrument to the attention of the Parliament under reporting ground (j)?
Members indicated agreement.
Regulation 7(19) of the instrument substitutes regulation 32 of the Official Feed and Food Controls (Scotland) Regulations 2009 (SSI 2009/446). The new provision seeks to impose a statutory duty on an enforcement officer, but it uses the word “will” in relation to that duty rather than the word “must”. The Government has agreed that the wording could be clearer, and it intends to amend the instrument at the next available opportunity.
Does the committee wish to draw the instrument to the attention of the Parliament under the general reporting ground?
Members indicated agreement.
Does the committee wish to welcome the Scottish Government’s intention to amend the instrument?
Members indicated agreement.
Official Controls (Agriculture etc) (Scotland) Regulations 2019 (SSI 2019/412)
The instrument implements regulation (EU) 2017/625 in respect of official controls and other official activities on genetically modified organisms, animals, animal by-products and derived products. It was laid before the Parliament on 3 December and will come into force on 14 December. Like the previous instrument, it does not respect the 28-day laying requirement. Similarly, the reasons for the failure to comply with that requirement are set out in a letter from the Scottish Government to the Presiding Officer. That letter, which is dated 3 December, is also available in our published papers.
Is the committee content that the failure to comply with section 28 of the 2010 act is acceptable in the circumstances?
Members indicated agreement.
Standing orders require the committee to draw the Parliament’s attention to any failure to respect the 28-day laying requirement. Does the committee therefore wish to draw the instrument to the attention of the Parliament under reporting ground (j)?
Members indicated agreement.
Representation of the People Act 1983 Remedial (Scotland) Revocation Order 2019 (SSI 2019/408)
No points have been raised on SSI 2019/408. Is the committee content with the instrument?
Members indicated agreement.