Subordinate Legislation Committee, 11 Sep 2001

Meeting date: Tuesday, September 11, 2001

Official Report 118KB pdf

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Fishing Vessels (Decommissioning) (Scotland) Scheme 2001

We asked the Executive five questions about this instrument and it has acknowledged the accuracy of some of our points. We need further clarification on our fifth question, which was about the method of choosing applications for approval. The formula that is used if the numbers of applications go over the limit is not clear, but it should be clear. It is not clear how the various elements of that formula are to be re-arranged to allow an applicant to qualify for a grant. We should draw that fact to the attention of the lead committee and the Parliament.

No member found that formula clear. We understood what the Executive was trying to do, but we could not understand how it was trying to do it. The committee can suggest that further clarification is required in relation to the committee's questions 1 and 5. Clarification is perhaps also required about question 4.

There is an unexpectedly limited use of the powers in relation to the failure to provide for a right of appeal against decisions to recover grant under paragraph 16 of the instrument. Members might remember discussing our concerns about that matter, which should be brought to the attention of the lead committee.

It should also be brought to that committee's attention that there is defective drafting in relation to the inclusion of unnecessary words in paragraph 2(1) of the instrument, including what is covered by the phrase "sea fish". Presumably, the matter is about drafting and not about taste, or whatever.