Official Report 126KB pdf
Instruments Subject <br />to Annulment
Licensing Conditions (Late Opening Premises) (Scotland) Regulations 2007 (SSI 2007/336)
Are members content to ask the Executive to explain why the conditions that are specified in paragraphs 2 and 6 of the schedule to the regulations appear to confer a power on licensing boards to amend, in part, the scope of those conditions? Do you wish to comment on the view that those provisions therefore contain an unauthorised sub-delegation of a power? The matter is referred to in paragraph 52 of the legal brief, where the relevant wording is shown in bold type. The picture is hazy to say the least.
There are two points, one of which is within our remit, and one of which strays from it, strictly speaking. However, they are related. The main point in the legal brief concerns the sub-delegation of a power that should properly remain with the minister. The question is whether the minister has the power to sub-delegate in this instance.
The sub-delegation seems to be inappropriate with respect to the parent act. I suspect that it was inadvertent—I would be surprised if ministers were seeking to sub-delegate the power. However, we will await the Executive's response. It is an important point. I take it that members are content to raise the matter.
Bovine Products (Restriction on Placing on the Market) (Scotland) (No 2) Amendment Regulations 2007 <br />(SSI 2007/338)
This is the first instrument that we will consider today that breaches the 21-day rule.
Thank you. Members are content with the explanation for the breach of the 21-day rule. Are you also content that our officials should raise a couple of minor points with the Executive?
Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2007 (SSI 2007/357)
The regulations also breach the 21-day rule. In this case, the amending instrument gives effect to a European regulation that came into force on 1 July 2007. Are members content with the Executive's explanation for the breach of the 21-day rule and that we should raise the minor points with the Executive?
European Communities (Lawyer's Practice) (Scotland) Amendment Regulations 2007 (SSI 2007/358)
If members are content, we will ask the Executive to explain why the regulations, which are due to come into force on 25 September 2007, were not laid earlier, given that they implement European Council directive 2006/100/EC, which member states were to implement by 1 January 2007. We will also ask for a reason for the long delay between the regulations being made on 16 July 2007 and being laid before the Parliament on 1 August 2007. So there are two delays to ask about. Are there any comments?
I understand from our pre-meeting briefing that this situation is not particularly unusual in respect of EC regulations and consequent changes required to our subordinate legislation. When we ask the Executive for an explanation, can we also ask whether the problem is perennial and, if it is, why, so that we can avoid it in future?
We cannot predict the Executive's answer, but as we heard in the pre-meeting briefing, it could have something to do with co-ordination among Scotland, England and Wales. We will wait and see what comes back from the Executive.
European Communities (Services of Lawyers) Amendment (Scotland) Order 2007 (SSI 2007/359)
If members are content, we will ask the Executive to explain why the order was not made earlier. The same point arises as for SSI 2007/358, as this order also implements directive 2006/100/EC, which member states should have implemented by 1 January 2007, which was the date of accession of Bulgaria and Romania. The order is due to come into force on 25 September 2007.
Food (Suspension of the Use of E 128 Red 2G as Food Colour) (Scotland) Regulations 2007 (SSI 2007/363)
The regulations are a nice example of the extraordinary diversity of the matters that come before the committee.
What are the consequences of regulations that have come in as rapidly as these have done for producers and retailers in relation to goods that were produced prior to the date on which the new regulations come into force? Do the products have to be withdrawn from the shelves? I am sorry; I should have asked those questions at the pre-meeting briefing.
The order contains transitional provisions that will cater for that. I would have thought that the subject committee would address that.
It could do.
That is a good point well made, Richard.
There was a previous case where an additive was banned and there were problems with it still being found because it was being imported. It was being produced overseas, but a United Kingdom wholesaler and retailer were using materials from elsewhere.
Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2007 (SSI 2007/375)
Our summary of recommendations lists the detailed questions that we want to ask the Executive. Members have that document before them. It is a public document so there is no need to read out the questions; that will just take a long time. Are we content to ask the Executive to explain the four points that have arisen?
Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Regulations 2007 (SSI 2007/376)<br />Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No 2) Regulations 2007 (SSI 2007/377)
Are members content with the reason for both sets of regulations breaching the 21-day rule? Are you also content that we should ask the Executive to explain the two points listed in the summary of recommendations?
Foot-and-Mouth Disease (Export Restrictions) (Scotland) Regulations 2007 (SSI 2007/386)
I am sure that members are content with the reasons for the breach of the 21-day rule. Are you also content to ask the Executive the three questions listed in our summary of recommendations?
Scottish Local Government Elections Amendment Order 2007 (SSI 2007/379)
The order allows the Electoral Commission to access the electronic ballot information. The 21-day rule has been breached to allow prompt completion of the report on the May 2007 local government election. The Electoral Commission would otherwise have had to wait until 21 days after the end of the parliamentary recess. The breach seems to be perfectly reasonable. Members might disagree, but there was always an assumption that there would be an inquiry and that the issue had to be looked at urgently given the possible democratic consequences. Are members content with the explanation for why the order is being processed as fast as it is?
Can we raise the minor points with the Executive?
Reciprocal Enforcement of Maintenance Orders (United States of America) (Scotland) Order 2007 (SSI 2007/354)<br />Recovery of Maintenance (United States of America) (Scotland) Order 2007 <br />(SSI 2007/355)
The committee agreed to raise minor points on the instruments.
Nutrition and Health Claims (Scotland) Regulations 2007 (SSI 2007/383)<br />Scotland Act 1998 (Cross-Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 <br />(SI 2007/2139)
The committee agreed that no points arose on the instruments.