Environment, Climate Change and Land Reform Committee

Meeting date: Tuesday, October 3, 2017

Official Report 502KB pdf

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Subordinate Legislation

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Public Water Supplies (Scotland) Amendment Regulations 2017 (SSI 2017/281)

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Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (SSI 2017/282)

Item 3 is subordinate legislation. I refer members to the papers and invite any comments.

I am not objecting to the Public Water Supplies (Scotland) Amendment Regulations 2017, but I want to flag up for the record that they have the effect of allowing the United Kingdom to derogate from the drinking water directive, which could mean less frequent sampling of water quality under certain circumstances. We had some issues with water quality in Badenoch and Strathspey, and I suggest that we ask Scottish Water about this when we next meet.

Do we agree to do that?

Members indicated agreement.

Are there any other comments on the two instruments?

I am concerned that the Public Water Supplies (Scotland) Amendment Regulations 2017 are the second statutory instrument that we have seen that contains major drafting errors. Given the volume of statutory instruments that we are likely to get next year in the run-up to Brexit, such errors raise concerns. I do not know whether the limit value errors in the regulations have any material impact on environmental quality, but they raise questions about drafting. If this is to be an interim measure ahead of an amendment being brought forward, does it have any impact on the water quality regime in the interim period? We should ask the Scottish Government for some clarity on that and for reassurance that instruments are being drafted with due care and diligence.

Are you talking about the general picture around drafting errors, or are your concerns specifically about this statutory instrument?

I have concerns about the SSI that is before us this morning, but they follow a theme.

So you have two issues.

Yes.

I support what Mark Ruskell has said, and I, too, express concerns about the Public Water Supplies (Scotland) Amendment Regulations 2017. I hope that, when the next instrument is brought forward, which I welcome, these matters will be resolved. The broader point is that instruments should be correctly laid in the first instance; that would be hugely helpful for all concerned.

Do we agree to write to the Government on those points?

Members indicated agreement.

That being agreed, are we also agreed that we do not wish to make any recommendations in relation to the instruments?

Members indicated agreement.

Can the letters that are to be sent in this regard be delegated to myself as convener?

Members indicated agreement.