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Debates and questions

Delegated Powers and Law Reform Committee 05 February 2019

The agenda for the day:

European Union (Withdrawal) Act 2018, Instruments subject to Affirmative Procedure, Instruments subject to Negative Procedure.

European Union (Withdrawal) Act 2018

European Union (Withdrawal) Act 2018
Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc) Regulations 2019 [Draft]

The Convener (Graham Simpson)

I welcome everyone to the fifth meeting in 2019 of the Delegated Powers and Law Reform Committee.

The first item of business is consideration of a Scottish statutory instrument that has been laid under the European Union (Withdrawal) Act 2018. We are considering the instrument under the SSI protocol, so we are looking at the scrutiny procedure under which it has been laid and the categorisation that the Scottish Government has applied to it. We will look at the technical aspects of the instrument at another meeting.

The instrument has been laid under the affirmative procedure. It relates to European Union legislation on family law and concerns cross-border family cases. The EU legislation provides EU-level rules about which member state’s court should have the authority to resolve a dispute.

The instrument has been categorised by the Scottish Government as being of medium significance. Our advisers indicate that the scrutiny procedure is appropriate, as is its categorisation, given that it has significant implications for people who are involved in cross-EU border family law disputes.

Do members have any comments?

Mary Fee (West Scotland) (Lab)

Would it be possible to get some clarity on custody disputes involving individuals who live in different countries? I want to make sure that the instrument will have no unintended consequences and that the process will be mirrored across both the countries concerned.

The Convener

Thank you. That is a very good point, which we can flag up to the lead committee. Are you content that we do that?

Mary Fee

Yes—thank you.

The Convener

Thank you for raising the issue.

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 is categorised as being of medium significance?

Members indicated agreement.

INSPIRE (EU Exit) (Scotland) (Amendment) Regulations 2019 [Draft]

The Convener

Agenda item 2 is consideration of another instrument that has been laid under the European Union (Withdrawal) Act 2018. The instrument, which has been laid under the affirmative procedure, has been categorised as being of low significance, and our advisers have raised no issues with that categorisation.

Do members have any comments?

Members: No.

The Convener

Is the committee content that the instrument is categorised as being of low significance?

Members indicated agreement.

Instruments subject to Affirmative Procedure

Instruments subject to Affirmative Procedure
INSPIRE (EU Exit) (Scotland) (Amendment) Regulations 2019 [Draft]

The Convener

The first instrument for consideration under agenda item 3 is the instrument that we have just considered under the SSI protocol. We are now considering the technical aspects to ensure that it is fit for purpose.

Although no points have been raised by our legal advisers, members might wish to note that the instrument was withdrawn and relaid following questions that were asked in advance of it appearing on our agenda.

Do members have any comments?

Members: No.

The Convener

Is the committee content with the instrument?

Members indicated agreement.

Public Procurement etc (Scotland) (Amendment) (EU Exit) Regulations 2019 [Draft]

The Convener

The next instrument is one that we considered under the SSI protocol last week. As well as withdrawing and relaying the instrument, the Government accepted our recommendation that it be recategorised from medium to high significance.

Today, we are looking at the technical aspects of the instrument to ensure that it is fit for purpose. Our advisers have raised no points.

Do members have any comments?

Stuart McMillan (Greenock and Inverclyde) (SNP)

I would be grateful for further clarification of the intended meaning of the final sentence of the policy note that is quoted in our briefing because, on reading it, it appears to suggest that a company that had been convicted of a financial crime against the EU would be allowed to bid for work.

The Convener

I completely agree. I think that we need clarity on that, so we will seek that when we issue our report.

Other than that, is the committee content with the instrument?

Members indicated agreement.

The Convener

No points have been raised by our legal advisers on the next four draft affirmative instruments, which cover a variety of topics.

Community Care (Personal Care and Nursing Care) (Scotland) Amendment Regulations 2019 [Draft]

National Bus Travel Concession Scheme for Older and Disabled Persons (Scotland) Amendment Order 2019 [Draft]

Continuing Care (Scotland) Amendment Order 2019 [Draft]

Asset Transfer Request (Designation of Relevant Authority) (Scotland) Order 2019 [Draft]

The Convener

Is the committee content with the instruments?

Members indicated agreement.

Instruments subject to Negative Procedure

Instruments subject to Negative Procedure
Zootechnical Standards (Scotland) Regulations 2019 (SSI 2019/5)

The Convener

The first instrument for consideration under agenda item 4 is SSI 2019/5, which fails to follow proper drafting practice, in that regulations 3 and 6 contain provisions that are already directly legally applicable by virtue of the content of the EU animal breeding regulation.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of a failure to follow proper drafting practice?

Members indicated agreement.

The Convener

No points have been raised by our legal advisers on the following instruments.

National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2019 (SSI 2019/12)

National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2019 (SSI 2019/13)

The Convener

Is the committee content with the instruments?

Members indicated agreement.

Meeting closed at 10:10.