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Chamber and committees

Economy and Fair Work Committee


EFTA and TCA international agreement procurement SI

Letter from the Minister for Business, Trade, Tourism and Enterprise to the Convener - 29 October 2021

Dear Convenor,

EFTA and TCA international agreement procurement SI

EU EXIT LEGISLATION – PROTOCOL WITH SCOTTISH PARLIAMENT

This is in relation to the protocol on obtaining the approval of the Scottish Parliament to proposals by the Scottish Ministers to consent to the making of UK secondary legislation affecting devolved areas arising from EU Exit.

That protocol, as agreed between the Scottish Government and the Parliament, accompanied the letter from the then Cabinet Secretary for Government Business and Constitutional Relations, Michael Russell MSP, to the Conveners of the Finance & Constitution and Delegated Powers and Law Reform Committees on 4 November 2020 and replaced the previous protocol that was put in place in 2018.

I attach a Type 1 notification (Annex A) and summary (Annex B) which sets out the details of the Statutory Instrument (SI) which the UK Government propose to make and the reasons why I am content that Scottish devolved matters are to be included in this SI. Please note, we are yet to have sight of the final SI and it is not available in the public domain at this stage. We will, in accordance with the protocol, advise you when the final SI is laid and advise you as to whether the final SI is in keeping with the terms of this notification.

The SI will make amendments to UK and Scottish procurement legislation. These are required to ensure that the UK and Scotland fulfil obligations that have arisen due to international agreements. There is no scope for Scottish Ministers to take a distinct approach and a separate Scottish Statutory Instrument, making the exact same changes, would be unnecessary duplication. The amendments will not result in any additional procurement processes or practices that public bodies must follow, given that they are in effect already compliant with the agreement.

I am copying this letter to the Convener of the Delegated Powers and Law Reform Committee.

I look forward to hearing from you within 28 days from the date of this letter.

Yours sincerely,

YVAN MCKEE

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Annexe A

Annexes A & B