Rural Development Committee,

Meeting date: Tuesday, May 8, 2001

Official Report 247KB pdf

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Subordinate Legislation

We move to agenda item 4. We have a number of instruments before us today, which have been circulated to members. Does anyone have anything they wish to say about any of the instruments? I declare an interest in the final instrument, the Milk and Milk Products (Pupils in Educational Establishments) (Scotland) Regulations 2001 (SSI 2001/162), given that, as a milk producer, it could conceivably adjust my income.

Are we taking the instruments en bloc?

I will take them en bloc if that is appropriate, but if anyone has anything to say on an individual instrument, I will single it out.

The Subordinate Legislation Committee identified a mistake in the Fisheries and Aquaculture Structures (Grants) (Scotland) Regulations 2001 (SSI 2001/140). It was highlighted that the reference to regulation 15 in paragraph 6 should be to regulation 14. While it seems that that will not have any horrendous consequences, the committee suggested—and I agree—that the mistake should be corrected by the Executive at the first opportunity.

Sloppy drafting of regulations has been identified by the Subordinate Legislation Committee on a number of recent occasions—this is a prime example. However, I am sure that the mistake should not cause us to delay the process on this instrument.

Were it so, I would have moved the appropriate motion.

The other point that the Subordinate Legislation Committee highlighted—it has highlighted the point ad infinitum and has been completely ignored by the Executive—is that there is no right of appeal under regulation 14. In the committee's view, that is a breach of the European convention on human rights. The Executive reply, as always, is that that does not matter because it is possible to proceed with an action of judicial review. However, to do so would involve engaging various solicitors in the Court of Session, which is horrendously expensive, and legal aid is available to few. I hope that the Executive finally gets down to giving a better response than that and perhaps responding to some of the concerns that are raised frequently by the Subordinate Legislation Committee on such technical matters.

Are we content, however, that we do not wish to comment on the Fisheries and Aquaculture Structures (Grants) (Scotland) Regulations 2001 (SSI 2001/140) in our report to Parliament?

Members indicated agreement.

Given that no other points have been raised, I move to the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment (No 3) Regulations 2001 (SSI 2001/141), the Welfare of Animals (Slaughter or Killing) Amendment (Scotland) Regulations 2001 (SSI 2001/145), the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment (No 4) Regulations 2001 (SSI 2001/158), the Foot-and-Mouth Disease (Marking of Meat and Meat Products) (Scotland) Regulations 2001 (SSI 2001/160) and the Milk and Milk Products (Pupils in Educational Establishments) (Scotland) Regulations 2001 (SSI 2001/162). As no issues have been raised, are members content that we need make no comment on those instruments in our report to Parliament?

Members indicated agreement.