Subordinate Legislation Committee, 07 Sep 1999

Meeting date: Tuesday, September 7, 1999

Official Report 74KB pdf

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Food (Animals and Animal Products from Belgium) (Emergency Control) (No 2) (Scotland) Order 1999 (SSI 1999/32)

Various matters regarding the first item have been flagged up by legal advice and some recommendations have been given to us in writing. Does anybody wish to make a representation on what we should do regarding this item? I do not think that there are any fundamental problems, but there are matters that we may wish to raise.

There are two matters that we should draw to the attention of the Executive. First, both this statutory instrument and SSI 1999/33 are slightly deficient. In neither does subsection 1(1) state the date on which the orders should have come into force. Secondly, the Executive did not provide a 21-day rule letter to the Presiding Officer, explaining why the orders came into force before being laid before the Parliament.

I can understand that the Executive might wish to leave the date blank until the relevant minister has signed the order, but it would be a courtesy if the Executive were to attach a note, explaining that the order will be signed by the minister and what the date will be. Otherwise, it is extremely sloppy as it seems perfectly reasonable that this committee should know the relevant date.

I ask that two matters be raised with the Executive. First, could we have an explanation as to why SSI 1999/32 was made on 19 August, came into force on 20 August, but was not laid before the Scottish Parliament until 30 August? Could the Executive explain the delay?

Secondly, paragraph 3 of the same order states:

"no person shall carry out commercial operations with respect to any relevant animal or animal product."

However, there is no definition of the phrase "commercial operations" in the statutory instrument. There may be a definition in the head statute, the Food Safety Act 1990. It would be helpful, especially given that it is a matter that involves criminality, if the committee were told whether there is a definition of that phrase in the act and, if there is not, whether there should be one in the statutory instrument. In that respect, it would be helpful if members of the committee were to have access to current law statutes. I understand that statutes prior to 1998 are not available in the Parliament's information centre, which must make life difficult for those of us who do not have our own set.

A further, minor point is that in SSI 1999/33 there is an omission in the explanatory note—it should refer to SSI 1999/15. It is covered elsewhere in the statutory instrument.

There are four points to be canvassed with the Executive regarding SSI 1999/32: the fact that there is no letter to the Presiding Officer, the failure to refer to the commencement date, the two points raised by Fergus about the delay between making and laying the order, and the definition of commercial operations.

More generally, we are asking at what point in the process we will be allowed to scrutinise fully the statutory instruments. For that, we need access to current law citations. Even if some time scale is given, we have all experienced the difficulties that the information technology department is having in a variety of matters. This one appears to us to be very important, however. I had understood that some arrangements might be made to allow us to use the Writers to the Signet library just around the corner. The bottom line should be that, if we cannot get access to information electronically, we should be granted access to one of the three substantial law libraries that are within 250 yards of this building.

On that point, convener, I should declare an interest. I have a set of current law statutes, and I surmise that you do too. In the spirit of non-partisan co-operation and fairness, it would be extremely unfair if only the Scottish National party members of this committee were to have access to them.

Or only the lawyers.

You two could bring them in every week and let us have a look at them. [Laughter.]