Delegated Powers and Law Reform Committee
Meeting date: Tuesday, February 19, 2019
Official Report 474KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- European Union (Withdrawal) Act 2018
- Instruments subject to Affirmative Procedure
- Instruments subject to Negative Procedure
- Instrument not subject to Parliamentary Procedure
European Union (Withdrawal) Act 2018
Public Procurement etc (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019 [Draft]
Agenda item 2 is consideration of Scottish statutory instruments that have been laid under the European Union (Withdrawal) Act 2018. We are considering the instruments under the SSI protocol, so we are looking at the scrutiny procedure under which they have been laid and the categorisation that the Scottish Government has applied to them.
There is a history to the draft Public Procurement etc (Scotland) (Amendment) (EU Exit) Amendment Regulations 2019—that is a bit of a mouthful—which amend regulations that we previously considered at our meetings on 29 January and 5 February.
The Scottish Government has laid the regulations under the affirmative procedure and has categorised them as being of high significance. Our advisers indicate that the scrutiny procedure and categorisation could be appropriate. Do members have any comments?
Members: No.
Are members content that the appropriate scrutiny procedure has been applied?
Members indicated agreement.
Are members also content that the regulations have been appropriately categorised as being of high significance?
Members indicated agreement.
The following four instruments have been laid under the negative procedure and have been categorised by the Scottish Government as being of low significance.
Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/24)
Fertilisers and Pesticides (EU Exit) (Scotland) (Miscellaneous Amendments etc) Regulations 2019 (SSI 2019/25)
Environment (EU Exit) (Scotland) (Amendment etc) Regulations 2019 (SSI 2019/26)
Animal Welfare (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/34)
In each case, our advisers indicate that the scrutiny procedure and categorisation could be appropriate.
Are members content that the appropriate scrutiny procedure has been applied to the instruments?
Members indicated agreement.
Similarly, are members content that the instruments have been appropriately categorised as being of low significance?
Members indicated agreement.
Fishery Products (Official Controls Charges) (EU Exit) (Scotland) (Amendment) Regulations 2019 [Draft]
Agenda item 3 is consideration of another instrument that has been laid under the European Union (Withdrawal) Act 2018. We are not required to consider the choice of procedure, because the 2018 act requires the instrument to be laid under the affirmative procedure.
The instrument has been categorised by the Scottish Government as being of low significance, and our advisers have raised no issues with that categorisation on the grounds that the instrument makes only minor and technical changes that ensure continuity of law without any policy change.
Do members have any comments?
Members: No.
Is the committee content that the instrument has been appropriately categorised as being of low significance?
Members indicated agreement.