Delegated Powers and Law Reform Committee

Meeting date: Tuesday, September 21, 2021

Official Report 460KB pdf

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

Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2021 (SSI 2021/297)

The second item of business is consideration of an instrument laid under the European Union (Withdrawal) Act 2018. The committee is considering whether the Scottish Government has applied the appropriate procedure and categorisation to the instrument.

The committee’s consideration relates only to the provision that is made in regulation 3. No issues have been raised with either the procedure that the Scottish Government is using—in this case, the negative procedure—or the instrument’s categorisation as being of low significance.

As you are aware, convener, because you will have read the papers, the instrument deals with where checks can be made on animals. In essence, it would allow checks to be carried out on animals and related products at an appropriate place rather than, as happens at present, at the place of destination of the goods. That sounds not too controversial, but the Scottish Parliament information centre has informed us that no reason has been provided as to why that should be the case. SPICe goes on to say that there has been concern from stakeholders around the issue.

Given that, we should flag up the matter to the lead committee, which I believe is the rural affairs committee—although it has a slightly longer title than that—just to ensure that it casts its eye over the matter. The instrument raises important policy matters, which are not for us to consider, but the rural affairs committee might want to have a look at it. I accept that the negative procedure is correct, but the instrument raises important issues.

Thank you, Mr Simpson.

Is the committee content that the appropriate scrutiny procedure has been applied to the instrument and that it has been properly categorised as of low significance?

Members indicated agreement.

Are members also content that, in reporting to the Rural Affairs, Islands and Natural Environment Committee on the instrument, we should highlight the points that SPICe has raised?

Members indicated agreement.