Rural Affairs, Islands and Natural Environment Committee

Meeting date: Wednesday, March 16, 2022

Official Report 420KB pdf

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Subordinate Legislation

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Red Rocks and Longay Urgent Marine Conservation (No 2) Order 2021 (Urgent Continuation) Order 2022

Good morning, and welcome to the ninth meeting in 2022 of the Rural Affairs, Islands and Natural Environment Committee. I ask all members who are using electronic devices to switch them to silent.

Our first item of business is consideration of an instrument that is subject to the negative procedure, the Red Rocks and Longay Urgent Marine Conservation (No 2) Order 2021 (Urgent Continuation) Order 2022. I refer members to page 3 of paper 1. No motion to annul the instrument has been lodged. If any member has any comments to make on the instrument, please raise your hand or, if you are participating remotely, type R in the chat box.

You might be getting some feedback—I can hear a bit of an echo.

I want to comment on the type of fishing that is being restricted. I understand that, when the Government announced its public consultation on the proposals, it confirmed that hand diving for scallops will no longer be prohibited but that creeling will still be prohibited, along with dredging and trawling. Could we seek some clarification from the minister about why those different types of fishing—creeling, dredging and trawling—are being treated in the same way despite the fact that the Scottish Government categorises dredging as severe, whereas creeling is considered low impact?

The Government previously said that it wants to take a precautionary approach, but, because it chose the smaller of two possible boundary areas, I am confused about whether the approach is precautionary. It seems that, within the new, smaller boundary, everything will be prohibited and that, outside the boundary, everything will be allowed. There are different types of fishing, with different impact levels, so I would be grateful if we could seek some clarity from the minister about why those activities have been categorised in the same way.

The committee can write to the cabinet secretary for clarification of the scientific evidence behind the decision.

I was going to ask the same question.

We will write for clarification.

As there are no further comments, are members content to note the instrument?

Members indicated agreement.

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Organics (Derogations) (Amendment) Regulations 2022

Our second item of business is consideration of the Organics (Derogations) (Amendment) Regulations 2022. I refer members to paper 2. Under the protocol between the Scottish Parliament and the Scottish Government, this consent notification has been categorised as type 1, meaning that the Scottish Parliament’s agreement is sought before the Scottish Government gives consent to the United Kingdom Government making secondary legislation in an area of devolved competence.

I refer members to the committee papers, which set out the recommendations to the committee. If any member has any comments to make on the recommendations or on any other aspect of the consent notification, please raise your hand or type R in the chat box.

I just want clarification from the minister about why the Scottish Government has chosen to go along with the same policy as the UK. I believe that there is an issue with the supply of some of the material for organic pullets. Every time we consider legislation, there is never an explanation why the Scottish Government has chosen not to take a different route from the rest of the UK.

We can write for clarification of that.

As there are no further comments, is the committee content that the provisions set out in the notification should be included in the proposed UK statutory instrument?

Members indicated agreement.

Is the committee content to delegate authority to me to sign off a letter to the Scottish Government, informing it of our decision?

Members indicated agreement.

Thank you. That concludes our business in public.

09:04 Meeting continued in private until 13:18.