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Persistent Organic Pollutants (Amendment) (No 3) Regulations 2025
Our next item of business is consideration of a type 1 consent notification relating to a proposed UK statutory instrument. The regulations in question would remove two persistent organic pollutants from the list of those to be eliminated, due to certain uses of those chemicals, relating to medical technology, having come to light.
On 22 April, the Acting Cabinet Secretary for Net Zero and Energy notified the committee of the proposed instrument, which involves the United Kingdom Government legislating within devolved competence. The UK Government is seeking the Scottish Government’s consent in that respect, and the committee’s role is to decide whether it agrees with the Scottish Government’s proposal to consent to the UK Government making the regulations within devolved competence and in the manner that the UK Government has indicated to the Scottish Government.?
If members are content for consent to be given, the committee will write to the Scottish Government accordingly. In writing to the Scottish Government, we have the option to draw various matters to the Government’s attention, and to pose questions or ask to be kept up to date on relevant developments. If the committee is not content with the proposal, we might make one of the two recommendations outlined in the clerk’s note.
Do members have any views on the regulations?
I note that the two chemicals in question have an impact on human health. The notes say that UV-328 is
“toxic for mammals, endangering human health and the environment (causing damage to liver and kidney),”
while dechlorane affects the nervous system of aquatic animals. It is right, therefore, that those chemicals are being phased out.
Although I accept the Government’s approach and the representations that have been made by the medical industry, I note that those two chemicals will be prohibited in the European Union in autumn 2025. I am content to accept the regulations, but I would like to know whether the chemicals will be phased out on a similar timescale to that of the EU’s. Given that the chemicals have an impact on the environment and human health, phasing them out is the right thing to do.
We could easily write to the Scottish Government and ask those questions. However, if we are writing to the Government, we also have to give it an answer to the substantive question, which is whether the committee is content with the proposal. Is the committee content?
Members indicated agreement.
We will write to the Scottish Government on that basis. We will also ask the Government to tell us the timescale on which it proposes to ban the chemicals.
Waste Electrical and Electronic Equipment (Amendment) Regulations 2025
Item 4 is consideration of another type 1 consent notification relating to a proposed UK statutory instrument. The regulations in question would make two key changes to existing provision on extended producer responsibility for waste electrical and electronic equipment. First, they would extend the term “producer” to include online marketplaces, and secondly, they would create a new category of equipment for vapes and electronic cigarettes to ensure that producers are responsible for the waste disposal costs.
On 22 April, the Acting Cabinet Secretary for Net Zero and Energy notified the committee of the proposed UK SI. As with the previous instrument, the key issue is whether we agree with the Scottish Government that the UK Government should legislate in this devolved area in this way. If we are content for consent to be given, the committee will write to the Scottish Government accordingly. We have the option to pose questions or to take up any issues with regard to the date and relevant developments.
If members do not have any views on the matter, we will move to the substantive question. Is the committee content that the provisions set out in the notification should be made in the proposed UK statutory instrument?
Members indicated agreement.
Thank you. We will write to the Scottish Government to that effect.
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