Rural Economy and Connectivity Committee

Meeting date: Wednesday, January 15, 2020

Official Report 682KB pdf

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Subordinate Legislation

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Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/415)

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Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (SSI 2019/421)

Item 4 is consideration of two negative instruments, as detailed on the agenda. No motions to annul or representations have been received in relation to the instruments. Do members have comments on either instrument?

It might be worth writing to the Government to ask for clarity in relation to the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019. Paragraph 1 of schedule 1 uses the phrase

“another part of the Union territory”.

That is used elsewhere, too. Paradoxically, in the Environmental Impact Assessment (Transport) (EU Exit) (Scotland) (Amendment) Regulations 2019, a great part of the substance is precisely replacing that phrase, so that it does not refer to

“another part of the Union”.

There is not another part of the union, because we are no longer part of the union. It is just a construction thing. I would like to know about that.

Paragraph 1(3)(a) of schedule 5 of the plant health regulations replaces a specific reference to “Council Directive 2000/29/EC” with the more general reference

“the EU Plant Health Regulation”.

In other words, it is no longer specific. I welcome that, because it is a keeping-pace provision that says that, whatever the EU plant health regulation is at any time, we are tracking it. I seek confirmation from the Government that that is the intention of that change, which I would welcome.

As nobody else has any comments, and because those are questions rather than recommendations, is the committee happy that the clerks write on its behalf to raise those points with the Government?

Members indicated agreement.

We are agreed that we have no recommendations to make.

12:33 Meeting continued in private until 12:42.