Health and Sport Committee, 09 Jan 2008

Meeting date: Wednesday, January 9, 2008

Official Report 295KB pdf

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Subordinate Legislation

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Food Labelling (Declaration of Allergens) (Scotland) Regulations 2007 (SSI 2007/534)<br />Fishery Products<br />(Official Control Charges) (Scotland) Regulations 2007 (SSI 2007/537)

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Meat (Official Control Charges) (Scotland) (No 2) Regulations 2007 (SSI 2007/538)

Good morning and welcome to the first meeting in 2008 of the Health and Sport Committee in session 3 of the Scottish Parliament. I remind everyone—committee members and others—to ensure that mobile phones and other electronic devices that you do not require for life support are switched off.

We have received apologies from Richard Simpson, who is unfortunately unwell, and from Michael Matheson, who has understandably been delayed in traffic as a result of the stormy chaos outside.

I wish everyone a happy and prosperous new year.

Agenda item 1 is subordinate legislation. We have for consideration three instruments that are subject to the negative procedure. Scottish statutory instrument 2007/534 will implement a European directive to ensure that consumers are informed when certain allergens are present in pre-packed foods. SSI 2007/537 will implement the new rates in European regulation EC/882/2004 on official feed and food controls from 1 January 2008 and set out new minimum charges as contributions by food businesses to local food authorities for hygiene controls on directly landed fish and fishery products. SS1 2007/558 will implement the new rates in European regulation EC/882/2004 on official feed and food controls from 1 January 2008 and set out new minimum charges for meat-hygiene official controls at approved establishments. No motions to annul have been lodged. Do members wish to comment on the regulations?

I want to comment on SSI 2007/538.

It is SSI 2007/558.

The paper that I have says that it is SSI 2007/538.

I beg your pardon—you are right.

The Subordinate Legislation Committee has made two comments on SSI 2007/538 about which I am slightly concerned. First, it has said that it has

"received a response from the Food Standards Agency with which it is only partially satisfied".

On the Subordinate Legislation Committee's second comment, I want to record my concern about the fact that the lack of clarity is such that it could affect the operation of the instrument. In the past, legislation has come before us accompanied by so much information that it has been difficult to scrutinise it. I feel that when the Subordinate Legislation Committee raises such points we should at least record that fact.

The lack of clarity relates to the definition of poultry and land mammals. However, when looking at the definitions that appear in the statutory instrument, I found that the definitions that were being applied to both were already to be found in existing statutory instruments. I am puzzled, therefore, as to why a definition that has been acceptable in previous instruments is now being questioned. We are given no detail about the reason why the situation has been found to be unsatisfactory. I accept, at face value, what Mary Scanlon says, but without going back to the previous statutory instrument, I am not sure why—

I am merely quoting from the Subordinate Legislation Committee's briefing.

Indeed—that led me to look at the definitions in the instrument, as I shared your concern. When I read what is said about the definitions in regulation 2 and in paragraph 15 of schedule 2—which says that expressions that are used in the instrument have the meaning that they have in European Community regulation 882/2004—I was puzzled as to why the point had been raised.

Does the committee agree to defer consideration of the matter until next week, so that we can seek clarification from the Subordinate Legislation Committee about what was meant by its comment, in relation to what Ross Finnie has just said?

If we do that, we should also ask about the Subordinate Legislation Committee's other comment, which relates to the possibility that operation of the instrument might be affected. Clarification on that would also be helpful.

We can raise both points.

Do we agree that we wish to make no recommendation in relation to SSI 2007/534 and SSI 2007/537, and that we will write to the Subordinate Legislation Committee to inquire about the points that have been raised in relation to SSI 2007/538?

Members indicated agreement.