Official Report 112KB pdf
We wrote to the Scottish Government about five instruments following last week's meeting. Members will have seen the responses, which were circulated with the papers.
Environmental Protection Act 1990: Part IIA Contaminated Land<br />The Radioactive Contaminated Land (Scotland) Regulations 2007<br />Draft Statutory Guidance (SE/2007/168)
Are members content to report the draft guidance to the lead committee and to the Parliament on the ground that the delay in the production of that guidance gives rise to a doubt as to the proper operation of part IIA of the Environmental Protection Act 1990 as applied to radioactive contaminated land by the Radioactive Contaminated Land (Scotland) Regulations 2007 (SSI 2007/179)?
Secondly, we ought to welcome the Scottish Government's undertaking to resolve at the next legislative opportunity the tension between sections 78A(2), 78BA and 78BB of the 1990 act, which was noted in the course of the scrutiny of the draft guidance. That is a satisfactory outcome from a constructive dialogue.
Licensing (Relevant Offences) (Scotland) Regulations 2007 (SSI 2007/513)
Are members content to report the regulations to the lead committee and the Parliament on the grounds that are listed in the summary of recommendations?
Foot-and-Mouth Disease (Export and Movement Restrictions) (Scotland) Regulations 2007 (SSI 2007/518)
I refer members to the supplementary legal brief, which suggests slightly different questions from those in the earlier legal brief. Do members agree to ask the Scottish Government to clarify whether the term "dispatch" used in regulation 9(1), as read with the definition of that term set out in regulation 2, is intended to prohibit the activity of transferring or moving animals from Scotland that does not involve export from the United Kingdom; if so, what restrictions are placed on such activity by European Commission decision 2007/554/EC; and how those restrictions are given effect in the regulations?
The Zootechnical Standards Amendment (Scotland) Regulations 2007 (SSI 2007/521)
Are members content to draw the regulations to the attention of the Parliament and the lead committee on the ground that the committee is satisfied with the explanation sought from and provided by the Scottish Government?
That is more satisfactory work and progress.
Official Feed and Food Controls (Scotland) Regulations 2007 (SSI 2007/522)
Are members content to report the regulations to the lead committee and the Parliament on the ground that, in so far as regulations 49(5)(a) and (b) remove the application of various regulations of the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 (SSI 2005/608) concerning enforcement measures to certain feeding stuffs, they appear to give rise to an unexpected and unintended effect?
We also welcome the statement that the Food Standards Agency Scotland is considering whether any further amendments are necessary. That is another productive outcome.