Environment, Climate Change and Land Reform Committee

Meeting date: Tuesday, January 15, 2019

Official Report 755KB pdf

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European Union (Withdrawal) Act 2018

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Chemicals (Health and Safety) and Genetically Modified Organisms (Amendment of Retained EU Law) (EU Exit) Regulations 2018

The third agenda item is consideration of the Scottish Government’s proposal to consent to the UK Government legislating using the powers under the European Union (Withdrawal) Act 2018 in relation to a UK statutory instrument proposal.

Do members have any comments on the regulations?

I recognise what the Government is saying and that the objective is to leave the current regime—in policy terms—unchanged. The Government’s response to our extensive set of questions makes it clear that there is significant cross-administration working and delegation of important matters by agency agreements to the Health and Safety Executive, and I welcome all of that. However, I—and, I suspect, others—think that it would be useful to put the following on the record. Although I recognise that genetically modified crops are a matter of continuing debate, I assent to the regulations in question purely on the understanding that I take from the Government’s response—in particular, from answer 26—that the proposal will lead neither to any change in our GM-free status nor to any change in the relevant regulations. In other words, were our status to change, it would be as a result of a debate beyond this one. I am clear about which side of that debate I would be on, but that is for another day.

I support what my colleague Stewart Stevenson has said.

I, too, broadly agree with what Mr Stevenson said. The only area of uncertainty would be any future common framework around genetically modified organisms and—if there is policy divergence—whether a different decision is made about the commercialisation of GMOs in England, which could have an impact, particularly with regard to spread across borders and shared markets. That is something that we need to keep abreast of. I do not think that it is material to this proposal, but there could be consequences in the future.

I agree with the consensus so far. I have read with interest the Government’s response to the committee’s questions, and it is clear that we need to keep a watching brief, particularly with regard to GMO regulations and possible policy divergence. A watching brief is imperative.

All members’ comments are on the record, and we can reflect them in a letter to the Government as well. I am not getting a sense that any member is against agreeing that the Government should give its consent, but in that letter—if members are happy—we can put forward the points that have been made.

A number of more technical points have been raised, which could be incorporated into a letter. In the paper that we have before us, there are a number of clarifications around information technology database systems that will replace the European Chemicals Agency system. That reflects the evidence that we have already taken in public, which could be incorporated into a letter.

Either you can delegate authority to me to sign off that letter or you can have a look at it before it goes out. At this point, speed is of the essence.

I am happy to delegate authority to you, convener.

On the discussion that we have just had about the status quo and preserving it, the issue is simply that we have noted that that is the effect. However, on the matter that has just been raised, there is a different paper before us that relates to the database systems. At the moment, that is a private paper. It might be appropriate—I beg your pardon; that is the response from the Government. Okay. I am slightly behind myself.

Is it the position therefore that the committee is happy with the Chemicals (Health and Safety) and Genetically Modified Organisms (Amendment of Retained EU Law) (EU Exit) Regulations 2018?

I am just about to ask the question, to make sure that members are content.

Is the committee content that the Scottish Government will give its consent for UK ministers to lay the regulations in the UK Parliament?

Members indicated agreement.

The committee will write to the Scottish Government on that basis. Mark Ruskell has said that he is happy for me to sign off that letter. Are the other members happy with that?

Members indicated agreement.

That concludes our agenda for the public session today.

At our next meeting, on 22 January, the committee will continue its consideration of a draft stage 1 report on the Climate Change (Emissions Reductions Targets) (Scotland) Bill and will also consider a notification arising from the European Union (Withdrawal) Act 2018.

11:35 Meeting continued in private until 12:35.