Official Report 113KB pdf
Genetically Modified Food (Scotland) Regulations 2004 (SSI 2004/432)
Agenda item 2 is Executive responses. Members will remember that the committee raised two points on the regulations, concerning the seizure and detention of food. The legal adviser is still not terribly happy with the reply and suggests that we should draw the attention of the lead committee and the Parliament to the instrument on the ground of defective drafting.
I agree. I was far from convinced by the attempts to differentiate between "detention" and "seizure" and "removal". There seemed to be confusion. The only advice that we should give is that the Executive should stop digging when it is in a hole. I agree that we should draw the attention of the lead committee and the Parliament to the instrument on the ground of defective drafting.
Genetically Modified Animal Feed (Scotland) Regulations 2004 (SSI 2004/433)
Similar points apply to these regulations. There has been a failure to follow proper legislative practice, and there is defective drafting with respect to points 2 and 3. Are members happy that we should pass on that information?
Debt Arrangement and Attachment (Scotland) Act 2002 (Transfer of Functions to the Accountant in Bankruptcy) Order 2004 (SSI 2004/448)
The committee asked why article 4 is considered necessary, given section 1B of the Bankruptcy (Scotland) Act 1985, and an explanation has been given. It is suggested that we pass on the explanation, although I think that the legal advisers still have a wee bit of doubt about it. Do members agree that we should pass on that explanation to the lead committee and the Parliament?
Avian Influenza (Survey Powers) (Scotland) Regulations 2004 (SSI 2004/453)
It is recommended that the committee may wish to consider drawing the attention of the lead committee and the Parliament to the instrument on the grounds of the failure to follow proper legislative practice and that its content required explanation. Members will remember that the Executive was asked to explain the purpose of the definition of the word "person" and that the committee asked it for information as to how the Commission decision is to be implemented in respect of wild birds. The point is that if we had had the transposition note, we would have had the necessary information. However, that has now been supplied and is acceptable. We can also pass that information on to the lead committee. Are members happy with that suggestion?