Subordinate Legislation Committee, 09 Sep 2003

Meeting date: Tuesday, September 9, 2003

Official Report 134KB pdf

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Instruments Subject to Annulment

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Instruments Subject <br />to Annulment

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Food (Brazil Nuts) (Emergency Control) (Scotland) Regulations 2003 (SSI 2003/396)

We return to regulations that relate to food. Perhaps you would like to fire away on the Brazil nuts, Christine?

I assume that I am not to mention "Charley's Aunt".

Unlike the English and Northern Irish regulations, these regulations make no reference to article 5 of the Commission decision, which requires certified copies of documentation. We should raise that anomaly with the Executive. Regulation 2(b) refers to "paragraph (1)", but there is no paragraph 1. I suspect that the Executive means "paragraph (a)". The issue of sampling regulations that arose with the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Scotland) Regulations 2003 (SSI 2003/382) arises again in respect of these regulations. Concerns have been raised on that issue. We should write to the Executive to raise those three points.

Was the point about the regulations breaching the 21-day rule covered? The breach seems reasonable in this case.

Can I clarify whether we will question why the regulations state that "it shall be ensured", but no duty is imposed on anyone? Christine May alluded to that.

Yes. You are talking about regulation 5(3). That is a good point. Thank you.

Is the suggested action agreed?

Members indicated agreement.

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Nursing and Midwifery Student Allowances (Scotland) Amendment Regulations 2003 (SSI 2003/401)<br />Gaming Act (Variation of Fees) (Scotland) Order 2003 (SSI 2003/403)

No points arise on the instruments.

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Inshore Fishing (Prohibition of Fishing and Fishing Methods) (Scotland) Amendment Order 2003 (SSI 2003/404)

Does Christine May want to make a comment about crabs?

My point was not about crabs, but about lobsters. As the order refers to male and female lobsters of different sizes, I would like to know how people know which is which, so that they can avoid catching them.

I am sure that a lobster fisherman would tell you the difference. Fishermen do not avoid catching them—lobsters are caught live, identified and, if necessary, put back. Unlike what happens with normal fish, which are dead by the time they are brought on to the boat, lobster fishermen have the opportunity to measure lobsters. If they are too small, they go back into the sea.

We have the details of the measurements.

I see that the parent act says that if lobsters of the wrong size are caught, they should be put back "forthwith".

It would have been useful if a sketch map of the area had been provided with the order.

Do you mean the area of the lobster?

Perhaps there should be a picture of the skirt, together with a recipe for mayonnaise.

This is the high point of the meeting.

We will write to the Executive informally to mention your point about a map, which is a good one.

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Collagen and Gelatine (Intra-Community Trade) (Scotland) Amendment (No 2) Regulations 2003 (SSI 2003/405)

No points arise on the regulations.