Delegated Powers and Law Reform Committee

Meeting date: Tuesday, January 29, 2019

Official Report 592KB pdf

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European Union (Withdrawal) Act 2018

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Licensing (Amendment) (EU Exit) (Scotland) Regulations 2019 (SSI 2019/6)

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Aquatic Animal Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/9)

I welcome everyone to the fourth meeting in 2019 of the Delegated Powers and Law Reform Committee.

Agenda item 1 is consideration of two Scottish statutory instruments that have been laid under the European Union (Withdrawal) Act 2018. The committee is considering the instruments under the SSI protocol, so we are considering the scrutiny procedure under which they have been laid and the categorisation that the Scottish Government has applied to them.

The purpose of SSI 2019/6 is to correct deficiencies in licensing legislation that will arise from the United Kingdom’s withdrawal from the European Union. It has been laid under the negative procedure and has been categorised by the Scottish Government as being of medium significance. Our advisers indicate that it might be considered to be of low significance, because it is clear that there is no significant policy decision for ministers to make.

Do members have any comments?

Members: No.

Is the committee content that the appropriate scrutiny procedure has been applied to the instrument?

Members indicated agreement.

Does the committee wish to recommend that the instrument should be categorised as being of low significance?

Members indicated agreement.

The purpose of SSI 2019/9 is to provide the necessary technical corrections to regulations on aquatic animal health and aquaculture. It has been laid under the negative procedure and has been categorised by the Scottish Government as being of low significance. No issues have been raised by our advisers.

Do members have any comments?

Members: No.

Are members content that the appropriate scrutiny procedure has been applied to the instrument?

Members indicated agreement.

Are members content with the category that has been assigned to the instrument?

Members indicated agreement.

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Public Procurement etc (Scotland) (Amendment) (EU Exit) Regulations 2019 [Draft]

Agenda item 2 is consideration of another instrument that has been laid under the European Union (Withdrawal) Act 2018, the general purpose of which is to address deficiencies in retained EU law relating to public procurement that arise from withdrawal. The instrument has been laid under the affirmative procedure, as is required under the 2018 act, and has been categorised by the Scottish Government as being of medium significance. Our advisers have indicated that it might be categorised as being of high significance, on the ground that, in accordance with the SSI protocol, some provisions create or amend powers to legislate, including the transfer of some EU legislative powers to the Scottish ministers.

Do members have any comments?

Members: No.

Does the committee wish to recommend that the instrument be recategorised as being of high significance?

Members indicated agreement.