Rural Development Committee, 05 Feb 2002

Meeting date: Tuesday, February 5, 2002

Official Report 193KB pdf

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Subordinate Legislation

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Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002<br />(SSI 2002/6)

The final item before we go into private session—and before we have a break for some coffee, which is available in the room behind us under this convenership—is agenda item 3. We have before us one Scottish statutory instrument, which is subject to the negative procedure. The clerks have no comments concerning the instrument, but the Subordinate Legislation Committee's report brought extensive comments to the attention of the committee and the Parliament. In addition, the Subordinate Legislation Committee has advised the clerks that there is a potential breach of the terms of the EU directive under which the regulation is laid. That is because schedule 3(2)(c) confers discretion on ministers to consult members of the public, whereas the directive indicates that such consultation is mandatory.

We must report to Parliament by 25 February, which gives us this meeting and the meeting on 12 February to come to conclusions. If members would like to have officials present or go back to the minister for further information, we could defer consideration of the instrument until next week. Because the item to which the Subordinate Legislation Committee has drawn attention does not relate directly to a substantive issue, but to consultation, I suggest that members agree that the matter could usefully be raised in correspondence and during a review when we have received a response from the Executive.

I understand that the Subordinate Legislation Committee is not pursuing the matter. It is up to the Rural Development Committee as lead committee to decide whether to pursue the matter and whether we should do so by letter. Alternatively, members might feel that it would be useful for us to fill our time by having officials give evidence on the instrument.

Your suggestion that we pursue the matter in correspondence is eminently sensible.

Fine. Are there any contrary views?

Members indicated disagreement.

We will write to the Executive, asking for its comments on this apparent breach of the EU directive and a full explanation. We can review the Executive's response when we receive it and put the item on the agenda for our meeting on 12 February. Is that agreed?

Members indicated agreement.