Subordinate Legislation Committee, 11 Jan 2000

Meeting date: Tuesday, January 11, 2000

Official Report 76KB pdf

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Beef Bones (Scotland) Regulations 1999 (SSI 1999/186)

There are various issues with regard to SSI 1999/186. I believe that Fergus has a point to make about European Union clearance.

We have an extremely helpful note from our clerk, which informs us that while the original beef bones regulations were notified to the EU, it is not clear whether that procedure has been followed in respect of the amended regulations. Given the political sensitivity of the issue, I imagine that everyone would agree that it is important to ensure that all technical requirements are observed to the letter. I would hope that the Executive could, therefore, clarify that matter.

I would also like to raise the issue of the mode of drafting. My understanding—from the ministerial statement on the lifting of the beef-on-the-bone ban—was that the ban was to be lifted with minor exceptions. The way in which the regulations have been drafted suggests that the ban remain in place with minor exceptions. Perhaps, for ease of drafting, the initial regulations have been used as a model and have simply been revised. I wonder whether that is the wrong drafting policy and whether the Executive will review that, especially given the considerable interest in the matter.

In regard to regulations 8(3) and 8(4), I would welcome clarification on why there appears to be a limitation on prosecution of three years after commission of an offence. There might be a good reason for that, but it would be useful to know why we are introducing that in the regulations, whether it will be common in related regulations and what the justification is for having a specified limitation as opposed to leaving matters to common law and to normal statutes of limitations.

The regulations seem to be confusing. That might stem from the fact that—as Fergus has pointed out previously—they seem to be the wrong way round. They are certainly confusing and—given the interest in this subject—they must be clarified. The Executive must be told that.

We will certainly seek clarification on that.