Official Report 130KB pdf
I point out to members that although paper SL/S3/07/04/1 is headed "Item 3", it relates to the third instrument under item 4 on our agenda.
National Health Service (Pharmaceutical Services) (Scotland) Amendment (No 2) Regulations 2007 (SSI 2007/390)
This is the 20th amendment of the principal regulations, which go back some time. That is quite a thought. The clerks and legal advisers recommend that we probe whether there should be consolidation. The legal brief makes the point that any layman—or even a lawyer—would have considerable difficulty pulling together and making sense of the regulations. Consolidation would be a tidying-up exercise.
If the same provision is being revised each time, consolidation is unnecessary. It may be that one bit of the regulations is being updated. For example, every year prescribing costs are updated by amending one regulation. A series of amendments may be made without that being a problem and consolidation being required.
We discussed the matter with the Government over the recess. We have made suggestions to it regarding the group's remit and are awaiting its response. Once the remit has been agreed, we will bring it before the committee to ensure that members are happy with it. Our intention is that the group should begin to meet very shortly, but there is no harm in the Government being aware that the committee is taking a close interest in the matter.
We will do what Richard Simpson has suggested.
National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Amendment (No 2) Regulations 2007 (SSI 2007/393)
This is the seventh amendment of the principal regulations. Do members agree that we should ask the Scottish Government what plans it has for consolidation?
Plant Protection Products (Scotland) Amendment (No 2) Regulations 2007 <br />(SSI 2007/410)
I refer members to the supplementary legal brief that they have received. To be honest, I found the regulations difficult to understand, but I am working at it and think that I am getting there. There is an issue of clarity and transparency. Are members content with recommendations (a) and (b) in the summary of recommendations? Are members also content to raise informally the two minor points that have been identified?
Miscellaneous Food Additives and the Sweeteners in Food Amendment (Scotland) Regulations 2007 (SSI 2007/412)
This is the 17th amendment to the Miscellaneous Food Additives Regulations 1995 (SI 1995/3187) and the 11th amendment to the Sweeteners in Food Regulations 1995 (SI 1995/3123). My goodness—that must be pretty muddling to the layman. Are members content to push the Government on its plans for consolidation?
Plant Health (Scotland) (Amendment) Order 2007 (SSI 2007/415)
Our legal brief indicates that there has been a delay in implementing the relevant Council directives. Should we again ask the Scottish Government why there has been such a delay? I refer to the points that Richard Simpson and others made earlier.
Plant Health (Phytophthora ramorum) (Scotland) Amendment Order 2007 <br />(SSI 2007/416)
In the pre-meeting, I asked our advisers what the order is about. Phytophthora ramorum—not a name for someone with a lisp—is a sort of fungal infection. The delay in implementing the relevant Commission decision is of concern. To be absolutely impartial, the delay straddles two Governments and has lasted some time. It may not be of much consequence in the case of this disease, but if a much faster-moving disease were involved it could be of considerable concern to farmers. Are members happy for us to ask why there has been such a delay?
We should point out that the Government has missed the growing season—the Commission decision stated specifically that inspections should take place during the growing season. The Government has completely missed the opportunity to use the order during this growing season. Like you, convener, I have no idea what the implications are of that, but the fact that the decision is worthless for this year suggests that the delay is potentially serious.
Yes. If the disease is not particularly vicious, that is down to luck.
National Health Service (Charges for Drugs and Appliances) (Scotland) (No 2) Regulations 2007 (SSI 2007/389)<br />Provision of School Education for Children under School Age (Prescribed Children) (Scotland) Amendment Order 2007 (SSI 2007/396)
Common Agricultural Policy Single Farm Payment and Support Schemes (Scotland) Amendment Regulations 2007 <br />(SSI 2007/414)
Are members content with the instruments and to write informally to the Scottish Government about the minor points that arise?
I do not have a copy of SSI 2007/396. Do we have an implementation date for the policy of increasing pre-school children's entitlement to education from 412 hours to 475 hours a year? I am sorry; I should have asked that in the pre-meeting. I put the wrong colour of sticker on my notes.
The wrong colour of sticker—the story of all our lives.
The committee agreed to raise minor points on the instruments.
National Health Service (General Medical Services Contracts) (Scotland) Amendment (No 2) Regulations 2007 <br />(SSI 2007/392)<br />Gambling Act 2005 (Review of Premises Licences) (Scotland) Regulations 2007 <br />(SSI 2007/394)
Gambling Act 2005 (Fees No 3) (Scotland) Regulations 2007 (SSI 2007/395)<br />Licensing (Training of Staff) (Scotland) Regulations 2007 (SSI 2007/397)
Private Security Industry Act 2001 (Designated Activities) (Scotland) Order 2007 (SSI 2007/398)<br />Water Industry Commissioner for Scotland (Dissolution) Order 2007 (SSI 2007/399)
Regulation of Care (Social Service Workers) (Scotland) Amendment Order 2007 (SSI 2007/407)<br />Scottish Road Works Commissioner (Imposition of Penalties) Regulations 2007 (SSI 2007/411)
National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment (No 2) Regulations 2007 <br />(SSI 2007/413)
The committee agreed that no points arose on the instruments.