Chamber and committees

UK subordinate legislation - SI notifications for consent

Letter from the Convener to the Cabinet Secretary for Rural Affairs and Islands, Mairi Gougeon, on 7 December 2021

Dear Cabinet Secretary,

SI notifications for consent

At its meeting on 1 December 2021, the Committee considered two notifications for UK SIs.

The Sea Fisheries (Amendment etc.) (No.2) Regulations 2021

The Committee is content for the Scottish Government to give consent to UK Ministers to make regulations in this devolved policy area.

In addition, the Committee agreed to ask for clarification on the following:

Discard exemptions

1. Whether the extension, modification, addition and removal of discard exemptions are mirrored at EU level; and

2. If the assessments and/or methodology for assessment undertaken by UK scientific agencies and departments (e.g. CEFAS, Marine Scotland) supporting discard exemptions are publicly available.

Multiannual programme for the collection and management of fisheries data

3. How the Scottish Government intends to assess whether or not it is appropriate to maintain alignment with the EU in relation to the multiannual programme of collection and management of fisheries data going forward; and

4. For clarity, to have set out in future SI notifications whether provisions which extend, modify or revoke retained EU law are diverging from or aligning with the approach at EU level to support scrutiny of the Scottish Government’s commitment to maintain alignment with current EU law where appropriate. The Committee asked for this information to be included in future SI notifications (as well as other government documentation) in our letter to you 25 November.

Removing the expired closed season for fishing for sandeels

5. In noting the Scottish Government’s reasons for not extending the expired closure of the sandeel fishery, the Committee requests to be kept updated on the progress of additional measures to manage the North Sea sandeel fishery and alert the Committee if UK sandeel quota are to be allocated in 2022 and beyond.

Increasing the amount of seabass that can be landed as bycatch

6. The Committee seeks clarification as to why the SI allows for an increase in the number of seabass that can be landed as bycatch; and

7. To be provided with an update on how much seabass was discarded under the current exemptions last year and how much the Scottish Government anticipate will be discarded next year.

Bottom trawling

8. What is the Scottish Government’s view about whether the Regulations would weaken the requirement for bottom trawlers to use selective measures? The Committee would be grateful for clarification on how this aligns with the requirement to deliver National Marine Plan fisheries policy 8; and

9. Further information about when the Scottish Government expects to provide license conditions in Scotland.

The Wine (Amendment) Regulations 2021

The Committee is content for the Scottish Government to give consent to UK Ministers to make regulations in this devolved policy area.

In giving consent to this SI, however, the Committee notes a delay in sending the notification was due to confusion at official level about whether this SI met the criteria for a Type 2 notification. The Committee is unhappy that confusion at official level impacted on the time available for parliamentary scrutiny and seeks assurances that officials have procedures in place to avoid similar confusion in the future.

We would be grateful if you can provide a response to the Committee on the points above by Tuesday 18 January 2022.

Yours sincerely

Finlay Carson MSP

Convener of the Rural Affairs, Island and Natural Environment Committee