Rural Affairs, Climate Change and Environment Committee

Meeting date: Wednesday, May 8, 2013

Official Report 344KB pdf

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Subordinate Legislation

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Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2013 (SSI 2013/123)

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Environmental Information (Scotland) Amendment Regulations 2013 (SSI 2013/127)

Item 2 is consideration of two Scottish statutory instruments that are subject to negative procedure. No matter relating to the instruments has been brought to our attention. I refer members to the clerk’s note and ask for comments. I know that Alex Fergusson wants to raise an issue about SSI 2013/123.

Thank you, convener. I do not wish to impede the instrument’s progress in any way, but I have one or two concerns about the regulations. My concern has partly been caused by the fact that, given that we received the papers fairly late last week and that Monday was a bank holiday, it was quite hard to follow up on the details.

When you read the regulations closely, it is apparent that they will impose an extra burden on farmers in nitrate vulnerable zones. I was particularly taken with the comment in the policy note that

“Responses to the consultation were analysed and the proposals have been developed and refined taking into account points raised in responses. Following this, modifications to the proposals were discussed with stakeholders, DEFRA, and the European Commission, and with Brian Pack ... . The Regulations embody changes from the version of the programme consulted upon”.

It would have been useful to know—I do not know whether it is possible for somebody to contact us about the issue in the time that is available—what changes were made to the original proposals in the light of the consultation responses.

The lead committee’s report is not due until 20 May, so there is leeway to consider the regulations again at our meeting on 15 May. If members are so minded, we have the time to write to the Government for clarification.

I do not want to impede the process, but further information would be useful.

I support that suggestion. I was approached prior to the consultation by a number of farmers who had concerns, so I would like to know what modifications were made.

We can arrange for the clerks to draw up some questions in concert with Mr Fergusson.

No comments have been made on SSI 2013/127. The committee therefore agrees that it will not make any recommendations in relation to SSI 2013/127 but that it may delay SSI 2013/123. [Interruption.] I am advised that we might not have to delay the instrument. We can write to the Government and amendments might be suggested if any substantial issues arise from our questions.

I clarify that I am aware that SSI 2013/123 covers an action programme for existing nitrate vulnerable zones, not the proposal to expand the number of nitrate vulnerable zones. If we do not need to delay consideration, I am happy to write to the Government to raise the concern that I have outlined.

In that case, do we agree not to make any comments with regard to the process and to get the points that have been raised clarified?

Members indicated agreement.

Okay. The negative instruments have caused a little bit of excitement.