Health and Sport Committee

Meeting date: Tuesday, February 2, 2021

Official Report 550KB pdf

European Union (Withdrawal) Act 2018

Food and Drink (Miscellaneous Amendments Relating to Food and Wine Composition, Information and Labelling) Regulations 2021

Item 2 is consideration of a consent notification proposing that the Scottish Government give consent to the UK Government legislating using the powers in the European Union (Withdrawal) Act 2018 in relation to a UK statutory instrument. The regulations cover subject areas that cross this committee’s remit and the remit of the Rural Economy and Connectivity Committee. Both committees have responsibility for parts of the regulations. The Health and Sport Committee is dealing with food information and country of origin aspects of the regulations and the Rural Economy and Connectivity Committee is considering provisions relating to wine.

The notification that the committee has received states that the regulations are

“based on a presumed ‘no deal’ scenario at the end of the implementation period.”

The implementation period ended on Hogmanay. The trade deal between the EU and the UK was agreed on 24 December—the day after the notification was sent—so, in that sense, the notification is not entirely accurate. However, Scottish Government officials have confirmed that the deal does not affect the need to make the changes that are provided for in the regulations and therefore does not affect the substance of the regulations.

I draw members’ attention to the paper on the regulations. Given the largely technical nature of the regulations and the fact that they respect devolved competence, the advice that the committee has received suggests that we may wish to confirm that we are content for the Scottish ministers to consent to UK ministers making this SI in the devolved areas affected. Is that agreed?

Members indicated agreement.

It is further suggested that we may wish to be content that the changes being made are made at UK level. The notification indicates that there is

“no transfer of functions in relation to food information and labelling matters.”

Are we agreed on that point, too?

Members indicated agreement.

That concludes the public part of the meeting.