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Debates and questions

Delegated Powers and Law Reform Committee 17 November 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 Negative Procedure.

Decision on Taking Business in Private

Decision on Taking Business in Private

The Convener (Bill Bowman)

Good morning. I welcome everyone to the 35th meeting in 2020 of the Delegated Powers and Law Reform Committee.

Under agenda item 1, it is proposed that the committee takes items 6 to 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
Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc) Regulations 2020 (SSI 2020/367)

The Convener

Agenda item 2 is consideration of an instrument that has been made under the powers under the European Union (Withdrawal) Act 2018, among other powers. The committee is looking at the instrument under the Scottish statutory instrument protocol, in relation to the provision made in exercise of the powers in the 2018 act, so we are considering the scrutiny procedure under which it has been laid and the categorisation that the Scottish Government has applied.

The instrument amends domestic legislation concerning technical conservation measures that relate to sea fisheries. It 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. Is the committee content that the appropriate scrutiny procedure has been applied to the instrument?

Members indicated agreement.

The Convener

Our advisers consider that the instrument has been properly categorised by the Scottish Government 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.

European Union (Withdrawal) Act 2018: Instrument Category

European Union (Withdrawal) Act 2018: Instrument Category

The Convener

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

Public Procurement etc (EU Exit) (Scotland) (Amendment) Regulations 2020 [Draft]

The Convener

The first instrument has been categorised by the Scottish Government as being of high significance in relation to the provision made under the European Union (Withdrawal) Act 2018. In that regard, our advisers consider that the instrument has been properly categorised as being of high significance under the SSI protocol.

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

Members indicated agreement.

Common Agricultural Policy (Less Favoured Area Support) (EU Exit) (Scotland) Amendment Regulations 2020 [Draft]

The Convener

The second instrument has been categorised by the Scottish Government as being of low significance in relation to the provision made under the European Union (Withdrawal) Act 2018. In that regard, our advisers consider that the 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

The Convener

Agenda item 4 is consideration of two instruments that are subject to the made affirmative procedure, on which no points have been raised.

Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 21) Regulations 2020 (SSI 2020/354)

Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 22) Regulations 2020 (SSI 2020/358)

The Convener

Is the committee content with the instruments?

Members indicated agreement.

Instruments subject to Negative Procedure

Instruments subject to Negative Procedure

The Convener

Agenda item 5 is consideration of two negative instruments, on which no points have been raised.

Regulation of Investigatory Powers (Prescription of Offices, etc and Specification of Public Authorities) (Scotland) Amendment Order 2020 (SSI 2020/361)

Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc) Regulations 2020 (SSI 2020/367)

The Convener

Is the committee content with the instruments?

Members indicated agreement.

11:48 Meeting continued in private until 12:54.