Rural Economy and Connectivity Committee

Meeting date: Wednesday, May 1, 2019

Official Report 462KB pdf

Subordinate Legislation

Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (SSI 2019/118)

Item 2 is consideration of a negative Scottish statutory instrument: the Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019. No motions to annul or representations have been received in relation to the instrument. I believe that Stewart Stevenson has something to say on it, though.

I am fully supportive of the instrument and do not wish to stand in its way. However, I have identified that there are 14 references—I might have missed others—to various pieces of European Union legislation in the regulations before us. I would like the Government to assure us that it is keeping the regulations on its list of things that will have to be changed if and when the United Kingdom leaves the EU. It is worth making the point that the regulations were made on 26 March, three days before the original departure day but, nonetheless, they have those 14 references. I do not want to change anything that the instrument does, but I make that general point.

I apologise for not saying so earlier, but I declare an interest as a partner in a farming business.

New paragraph 19 of the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 relates to determining the age of sheep and goats. There was a proposal that, rather than determining whether a lamb is more than a year old by way of dentition—as we have done in the past—after 30 June each year, all lambs would be considered to be a year old. I know that the industry was keen for that provision to be introduced, because it would mean that it would be much simpler to determine when a lamb is a year old, which is important in relation to splitting the carcase and taking out specified risk material. Paragraph 19 states that the method of ageing will be

“approved by the Scottish Ministers.”

I pretty much know that the United Kingdom Government has decided not to go down the road that has been proposed, although the industry would love it to do so. Will there be different regimes north and south of the border? Could we ask that question?

I declare that I have an interest as a farmer, although I am only responding to the comments that have been made by committee members. As no one else has any comments, I propose that the committee writes to the Government to ask the questions that have been raised by Stewart Stevenson regarding EU legislation. It would also be helpful if the clerks wrote on behalf of the committee to the Government to ask for its position on how the age of lambs and sheep will be determined.

No members have spoken against the instrument, so I think that our general feeling is that there are no recommendations, other than that we write to the Government as I suggested. Is that the committee’s view?

Members indicated agreement.