Subordinate Legislation Committee, 05 Sep 2000

Meeting date: Tuesday, September 5, 2000

Official Report 123KB pdf

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Animals and Animal Products (Import and Export) (Scotland) Regulations 2000 (SSI 2000/216)

Various matters including appeals and the European convention on human rights have been flagged up concerning this instrument, and we have had the benefit of some legal advice.

Although I welcome the Executive's willingness to deal with our first point by introducing amending legislation, I am certainly concerned that it does not appear to have dealt with the third point that we raised on 4 July. Regulation 28 makes reference to a "right of appeal"; however, our thorough and closely argued legal briefing points out that the statutory instrument sets out no mechanism for appeals. In response, the Executive has said that the appeal would be to someone else within the Administration and is not intended to mean an appeal to an independent tribunal. I assume that the Executive will see the detailed legal briefing. However, the point that struck me most was that, to be compliant with the ECHR there must be a right of appeal to an independent tribunal. If that is not the case, there is no right of appeal.

Whether that is right or wrong, it provides an obvious and strong basis for challenging these regulations. If the Executive does not deal with the matter now, it will rightly be held responsible should the regulations subsequently be challenged on the basis that there is no right of appeal. Our legal advisers have identified this very substantial defect in detail, and I could say much more if time were not against us. I hope that, in its own interests, the Executive will revisit its response to our third point.

Perhaps we should also draw the matter to the attention of the lead committee.

We will also draw the attention of the lead committee and the Parliament to the Executive's helpful response to our points about regulation 33(1). Our other points have been satisfactorily dealt with.