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Debates and questions

Delegated Powers and Law Reform Committee 01 December 2020

The agenda for the day:

Decision on Taking Business in Private, European Union (Withdrawal) Act 2018: Instrument Procedure and Category, European Union (Withdrawal) Act 2018: Instrument Category, Instruments subject to Made Affirmative Procedure, Instruments subject to Affirmative Procedure, Instruments subject to Negative Procedure, Instrument not subject to Parliamentary Procedure.

Decision on Taking Business in Private

Decision on Taking Business in Private

The Convener (Bill Bowman)

Good afternoon. I welcome everyone to the 37th meeting in 2020 of the Delegated Powers and Law Reform Committee.

Under agenda item 1, it is proposed that the committee takes items 8, 9 and 10 in private. Does the committee agree to do so?

Members indicated agreement.

European Union (Withdrawal) Act 2018: Instrument Procedure and Category

European Union (Withdrawal) Act 2018: Instrument Procedure and Category

The Convener

Agenda item 2 is consideration of three instruments that have been laid under the European Union (Withdrawal) Act 2018. The committee is considering whether the appropriate scrutiny procedure has been applied to the instruments and whether they have been properly categorised by the Scottish Government.

Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (SSI 2020/380)

The Convener

The first instrument has been laid under the negative procedure and has been categorised by the Scottish Government as being of low significance. Our advisers consider that the use of the negative procedure is appropriate in the circumstances and that the instrument has been properly categorised as being of low significance under the Scottish statutory instrument protocol.

Is the committee content that the appropriate scrutiny procedure has been applied to the instrument?

Members indicated agreement.

The Convener

Is the committee content that the instrument has been properly categorised as being of low significance?

Members indicated agreement.

Genetically Modified Organisms and Pesticides (EU Exit) (Scotland) (Amendment etc) Regulations 2020 (SSI 2020/381)

The Convener

The second instrument has been laid under the negative procedure and has been categorised by the Scottish Government as being of low significance. Our advisers consider that the use of the negative procedure is appropriate in the circumstances and that the instrument has been properly categorised as being of low significance under the SSI protocol.

Is the committee content that the appropriate scrutiny procedure has been applied to the instrument?

Members indicated agreement.

The Convener

Is the committee content that the instrument has been properly categorised as being of low significance?

Members indicated agreement.

Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc) Regulations 2020 (SSI 2020/393)

The Convener

The third instrument has been laid under the negative procedure and has been categorised by the Scottish Government as being of low significance. Our advisers consider that the use of the negative procedure is appropriate in the circumstances and that the instrument has been properly categorised as being of low significance under the SSI protocol.

Is the committee content that the appropriate scrutiny procedure has been applied to the instrument?

Members indicated agreement.

The Convener

Is the committee content that the instrument has been properly categorised as being of low significance?

Members indicated agreement.

European Union (Withdrawal) Act 2018: Instrument Category

European Union (Withdrawal) Act 2018: Instrument Category

The Convener

Agenda item 3 is consideration of three further instruments that have been laid under the European Union (Withdrawal) Act 2018. Unlike under item 2, we are considering only how the instruments have been categorised by the Scottish Government.

Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc) Regulations 2020 [Draft]

The Convener

The first instrument is a revised version of the instrument of the same name that was laid on 3 November. That version was subsequently withdrawn and the present instrument was laid on 19 November.

The instrument has been categorised by the Scottish Government as being of medium significance. Our advisers suggest that the instrument be categorised as being of high significance under the SSI protocol, as it gives the Scottish ministers new powers to legislate.

Does the committee wish to recommend that the instrument should be categorised as being of high significance?

Members indicated agreement.

Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 [Draft]

The Convener

The second instrument is a revised version of the instrument of the same name that was laid on 12 November. That version was subsequently withdrawn and the present instrument was laid on 24 November.

The committee considered the categorisation of the original instrument at its meeting last week and agreed to report that it was content that the instrument be categorised as being of medium significance under the SSI protocol. Our advisers consider that the relaid instrument is also properly categorised as being of medium significance under the SSI protocol.

Is the committee content that the instrument has been properly categorised as being of medium significance?

Members indicated agreement.

Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 [Draft]

The Convener

Our advisers consider that the third instrument has been properly categorised as being of low significance under the SSI protocol.

Is the committee content that the instrument has been properly categorised as being of low significance?

Members indicated agreement.

Instruments subject to Made Affirmative Procedure

Instruments subject to Made Affirmative Procedure
Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 3) Regulations 2020 (SSI 2020/389)

The Convener

The first instrument for consideration under agenda item 4 is SSI 2020/389, on which our legal advisers have not raised any issues or recommended any matter that we might consider relevant to report to the lead committee. However, the committee notes the significance of the regulations and the issues that they raise, which it anticipates will be discussed further by the COVID-19 Committee.

Is the committee content with the instrument?

Members indicated agreement.

Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 4) Regulations 2020 (SSI 2020/392)

The Convener

No points have been raised on SSI 2020/392. Is the committee content with the instrument?

Members indicated agreement.

Instruments subject to Affirmative Procedure

Instruments subject to Affirmative Procedure
Plant Health (EU Exit) (Scotland) (Amendment etc) Regulations 2020 [Draft]

The Convener

Although no points have been raised on the first instrument for consideration under agenda item 5, the committee may wish to note that regulation 26(3)(c) of the draft Plant Health (Amendment etc) (EU Exit) Regulations 2020, laid before the UK Parliament on 15 October, inserts a definition of the “Phytosanitary Conditions Regulation” into Regulation (EU) 2016/2031, rather than regulation 27(2)(c) of the original draft instrument, as stated in the Scottish Government’s response to the committee’s questions. A footnote in the instrument could have explained the insertion of that definition.

Invasive Non-native Species (EU Exit) (Scotland) (Amendment etc) Regulations 2020 [Draft]

The Convener

No points have been raised on the second instrument for consideration under agenda item 5, a previous version of which was originally laid on 3 November. It was withdrawn after the committee’s legal advisers raised points that needed to be addressed. Those issues have been addressed in the relaid version.

One of the issues was whether it could be made clearer to the reader how the parallel text in the original instrument and an associated United Kingdom statutory instrument applied. The committee may wish to welcome the Scottish Government’s commitment that it will work with the UK Government to produce guidance for stakeholders to further assist their understanding of the legislation.

No points have been raised on the following four draft affirmative instruments.

Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 [Draft]

Housing (Scotland) Act 1987 (Tolerable Standard) (Extension of Criteria) Amendment Order 2020 [Draft]

Housing (Scotland) Act 2006 (Modification of the Repairing Standard) Amendment Regulations 2020 [Draft]

Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 [Draft]

The Convener

Is the committee content with the instruments, noting the additional points that I have highlighted?

Members indicated agreement.

Instruments subject to Negative Procedure

Instruments subject to Negative Procedure

The Convener

Agenda item 6 is consideration of six negative instruments, on which no points have been raised.

Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (SSI 2020/372)

Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (SSI 2020/380)

Genetically Modified Organisms and Pesticides (EU Exit) (Scotland) (Amendment etc) Regulations 2020 (SSI 2020/381)

Valuation Appeal Committee (Procedure in Civil Penalty Appeals) (Scotland) Regulations 2020 (SSI 2020/382)

Criminal Justice and Data Protection (Protocol No 36) Amendment (Scotland) Regulations 2020 (SSI 2020/386)

Producer Responsibility Obligations (Packaging Waste) Amendment (Scotland) Regulations 2020 (SSI 2020/387)

The Convener

Is the committee content with the instruments?

Members indicated agreement.

The Convener

On SSI 2020/372, the committee may wish to invite the Scottish Government to consider, in future, that when an instrument amends provisions that do not yet exist, the reader’s attention should be drawn to that. That could be done, for example, by a footnote or at least in the accompanying documents.

The committee may nevertheless wish to welcome the fact that regulation 9(5) amends SSI 2019/285, which fulfils a previous commitment to the committee.

Is the committee content to highlight both those points?

Members indicated agreement.

Instrument not subject to Parliamentary Procedure

Instrument not subject to Parliamentary Procedure
Land Reform (Scotland) Act 2016 (Commencement No 11) Regulations 2020 (SSI 2020/383 (C 33))

The Convener

Agenda item 7 is consideration of an instrument that is not subject to parliamentary procedure and on which no points have been raised. Is the committee content with the instrument?

Members indicated agreement.

12:22 Meeting continued in private until 12:38.