Health and Sport Committee

Meeting date: Tuesday, March 16, 2021

Official Report 479KB pdf

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Subordinate Legislation

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Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Regulations 2021 (SSI 2021/66)

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Food, Natural Mineral Water, Spring Water and Bottled Drinking Water (EU Exit) (Scotland) (Amendment) Amendment Regulations 2021 (SSI 2021/109)

Item 5 is consideration of the two negative instruments that we have just discussed. The DPLR Committee, although it agreed with the categorisation, brought the second instrument—SSI 2021/109—to the attention of our committee because it had been laid less than 28 days before coming into force, thereby breaching the laying requirements under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010. However, the DPLR Committee was content with the Scottish Government’s explanation of its failure to comply with the usual laying requirements.

I ask any other member who has a comment on the instruments to put an R in the chat box, and I invite Emma Harper to comment.

We received a late submission from Food Standards Scotland, in response to the committee’s questions, in our inbox this morning. I have been reading about what constitutes “natural mineral water”, and the reciprocal agreements between the EU and the UK about what is spring water and what is mineral water. The committee referred, in a question to FSS, to

“Scottish businesses not supporting the continued recognition of waters from EU and EEA countries after the UK left the EU”

and noted that

“perhaps not surprisingly, retailers and distributors of EU and EEA … Mineral Waters wished for recognition to continue as long as possible”,

which, as we have exited the EU, has not been the case.

Businesses in Scotland that export mineral water to the EU might not be very happy if they can no longer do so. I am sure that that will have an impact on Scottish water businesses and on reciprocal arrangements. I want to have it confirmed that the regulations mean that spring water and mineral water from Scotland will not be recognised in the EU and vice versa. That would have a negative effect on businesses, as a result of exiting the EU and the inability to come to an agreement. It was hoped that there would be sufficient scope to enable the status quo to continue as far as possible.

I think that you are saying, with regard to the late submission that we received, that the regulations do not, of themselves, overcome that obstacle. Is that your understanding of the position?

Yes. I understand that we need to ensure that any bottled water is safe and that we know what its contents are, but it looks as if we will no longer be able to get certain natural mineral water or spring water, or other bottled drinking water, into the EU.

Yes—that is clearly disappointing. With regard to the instruments, there are two options open to the committee, and to any individual member. It is open to us to make no recommendations on the instrument; equally, we have the option of lodging a motion to annul the regulations. I am not sure whether that is what you are proposing, or whether you are simply seeking clarification from the Government.

I am seeking recognition that the regulations would stop bottled water going from the EU into Scotland and vice versa. I am interested in the business impact, and in whether the situation will continue unless there are further negotiations and agreement is obtained, or other recommendations are made.

Presumably, the matter will be the subject of continuing discussions between the relevant authorities in the EU and the UK, including the Scottish Government. If there was—as you suggest—further discussion leading to a different agreement, the regulations would no doubt return, in the form of subordinate legislation, to our successor committee in the next session of Parliament.

The point is that, in our consideration of the instruments today, it is open to us, and to you as an individual member, to lodge a motion to annul, but that would not, of itself, affect the position with regard to relations and discussions between the EU and the Scottish Government on these issues.

Although the committee may agree to make no recommendations in relation to the instruments, would it be helpful for us to write separately to the Scottish Government to express concerns about the implication of the regulations and what they might mean for Scottish water producers in the future?

Yes—I would be interested in taking that route. I know that one producer exports to around 30 countries, eight of which are European; it exports to three countries in Asia and four in the middle east. The regulations would obviously impact businesses, and I am concerned that we might end up having more water than we know what to do with, because Scotland has very successful businesses that would no longer be able to export water.

Indeed. There are many precedents for Scotland having more water than we know what to do with; that would be a new version of the same tale. If members are content, I suggest that we make no recommendations on the regulations, but that we write separately to the Scottish Government to ask for its views on the concerns that Emma Harper has raised. Do members agree to do so?

Members indicated agreement.

We will proceed on that basis. We now move into private session.

10:21 Meeting continued in private until 11:19.