Fisheries and Aquaculture Structures (Grants) (Scotland) Regulations 2001 (SSI 2001/140)
Three points were raised on the regulations.
The committee pointed out an error. Regulation 15 was referred to instead of regulation 14. The Executive has accepted that that is an error.
There were a couple of other drafting errors. The Committee felt that the procedure in regulation 14(5) had not been followed. Regulation 5 contains provisions empowering Scottish ministers to alter their decision after considering representations under that regulation. The subject of our question was the timing of alterations to decisions. I accept the Executive's explanation.
There is also the question of appeal. Judicial review is not an appeal—Bristow Muldoon and others have mentioned that before. Basically, the Executive is referring us to judicial review. We can doubtless discuss that with Executive representatives when we meet them on 15 May.
All that we can do now is draw the matter to the lead committee's attention. If the matter is of extreme importance to those receiving grants, the lead committee make take it further. We can simply advise that the committee's position is that judicial review is not an appeal mechanism and leave it to the lead committee to balance the benefits of the regulations against the downside of there not being an easy appeal mechanism. Is that agreed?
There is a European Convention on Human Rights element.