Health Committee, 01 Jun 2004

Meeting date: Tuesday, June 1, 2004

Official Report 333KB pdf

---

Subordinate Legislation

---

Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (Scotland) Order 2004 (SSI 2004/221)

I welcome everyone to the 14th meeting of the Health Committee this year. I also welcome the Minister for Health and Community Care, Malcolm Chisholm, and Martin Reid, who are attending the committee for the first agenda item.

I refer members to the paper on the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (Scotland) Order 2004 (SSI 2004/221). The Subordinate Legislation Committee has made no comments on the instrument. Before I ask the minister to move the motion to approve the order, David Davidson has some comments to make.

I will be brief because the committee has a long day ahead of it. I do not support the order, for reasons that I have stated previously. There are ways to preserve public health that are acceptable to the European Union and the Food Standards Agency Scotland without damaging the economy, so I will not support approval of the order.

Thank you. Does any member want to comment on the order?

Members indicated disagreement.

In that case, minister, will you move the motion please?

Today's debate concerns an emergency order to ban the harvesting of king scallops in waters off Orkney. The order has been triggered because amnesic shellfish poison has been found to be above the action level set by Europe.

The measure is for consumer safety and public health because shellfish that contain high levels of the toxin can cause illnesses in humans. The effects can range from nausea, vomiting and headaches to short-term memory loss and, in extreme instances, death.

I move,

That the Health Committee recommends that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (Scotland) Order 2004 (SSI 2004/221) be approved.

The question is, that motion S2M-1353 be agreed to. Are we agreed?

No.

There will be a division.

For

Hughes, Janis (Glasgow Rutherglen) (Lab)
Maclean, Kate (Dundee West) (Lab)
McNeil, Mr Duncan (Greenock and Inverclyde) (Lab)
Rumbles, Mike (West Aberdeenshire and Kincardine) (LD)
Turner, Dr Jean (Strathkelvin and Bearsden) (Ind)

Against

Davidson, Mr David (North East Scotland) (Con)

Abstentions

Grahame, Christine (South of Scotland) (SNP)
Robison, Shona (Dundee East) (SNP)

The result of the division is: For 5, Against 1, Abstentions 2.

Motion agreed to.

That the Health Committee recommends that the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (Scotland) Order 2004 (SSI 2004/221) be approved.

---

Feeding Stuffs (Scotland) Amendment Regulations 2004 (SSI 2004/208)<br />Food (Emergency Control) (Scotland) (Miscellaneous Amendments)<br />Regulations 2004 (SSI 2004/210)

---

Tobacco Advertising and Promotion (Specialist Tobacconist) (Scotland) Regulations 2004 (SSI 2004/211)<br />Primary Medical Services<br />(Consequential and Ancillary Amendments)<br />(Scotland) Order 2004 (SSI 2004/212)

There are four negative Scottish statutory instruments. I refer members to the paper that was circulated. The Subordinate Legislation Committee has no comment in relation to SSI 2004/210 and SSI 2004/211 but has commented on SSI 2004/208 and SSI 2004/212. Those comments have been circulated to members. No comments have been received from members of this committee and no motions to annul have been lodged. Is it agreed that the committee has no recommendation to make on the instruments?

Members indicated agreement.