Subordinate Legislation Committee, 12 Jan 2010

Meeting date: Tuesday, January 12, 2010

Official Report 105KB pdf

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Instruments subject to Annulment

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Food Enzymes (Scotland) Regulations 2009 (SSI 2009/435)

Does the committee agree to report that an explanation was sought from and provided by the Scottish Government, in relation to the conduct that amounts to an offence as of 20 January 2010 with reference to European Commission regulation 1332/2008, with which we are satisfied?

Members indicated agreement.

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Food Additives (Scotland) Regulations 2009 (SSI 2009/436)

Do members agree to report that an explanation was sought from and provided by the Scottish Government on the meaning and effect of

"an appropriate mixture of (b) and (c)"

in regulation 4(d)?

Do members also agree to report that the Government response clarifies that the effect of regulation 4(d) is to implement directly the requirement in article 2(8) of directive 94/36/EC on colours for use in foodstuffs, but that the response does not clarify how in practice persons requiring to mark meat are to establish what an "appropriate" or "inappropriate" mixture of the colours E133 brilliant blue and E129 allura red is, to comply with regulation 4(d)?

Members indicated agreement.

Reds and blues all the way. That is odd, coming from a Liberal.

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Food Supplements, Vitamins, Minerals and Other Substances (Scotland) Regulations 2009 (SSI 2009/438)

Our advisers have raised a number of issues on the regulations that are in the summary of recommendations. Do members agree to report those to the lead committee?

Members indicated agreement.

There was also a breach of the 21-day rule. Are members content with the explanation given by the Government for the 21-day rule not having been complied with?

Members indicated agreement.

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Public Contracts and Utilities Contracts (Scotland) Amendment (Amendment) Regulations 2009 (SSI 2009/439)

These regulations also breached the 21-day rule. Does the committee accept the explanation offered by the Scottish Government for the 21-day rule not having been complied with?

Members indicated agreement.

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INSPIRE (Scotland) Regulations 2009 (SSI 2009/440)

This is yet another breach of the 21-day rule. We understand why it was necessary to fulfil an undertaking given to the European Commission, but it appears that the circumstances that gave rise to the breach were of the Government's own making. Do we agree to report that, while we accept that an explanation has been provided for the necessity of the breach and therefore that the requirements of the transitional order have been fulfilled, it is unsatisfactory that it was the Scottish Government's approach to implementation that led to the need to breach the Parliament's rule? The Government has been hoist with its own petard.

It is not a satisfactory explanation for the breach of the rule that the timing of laying the Scottish regulations to implement EC directive 2007/2, which were laid late, depended on the completion and laying of the regulations for the remainder of the UK. When the Scottish Government is preparing a timetable for and delivering implementing regulations, it should take full account of the rules that afford sufficient time for Parliamentary scrutiny. Do members agree to report the regulations in those terms?

Members indicated agreement.

A number of reporting grounds in relation to the regulations are detailed in the summary of recommendations. Do members also agree to report the regulations on those grounds?

Members indicated agreement.

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Food (Jelly Mini-Cups) (Emergency Control) (Scotland) Regulations 2009 (SSI 2009/437)<br />Angus Council Area and Dundee City Council Area (Fithiebank) Boundaries Amendment Order 2009 (SSI 2009/442)

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Shetland Islands Regulated Fishery (Scotland) Order 2009 (SSI 2009/443)<br />Inshore Fishing (Prohibition of Fishing for Cockles) (Western Isles) (Scotland) Order 2009 (SSI 2009/444)

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Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2009 (SSI 2009/447)<br />Scottish Criminal Cases Review Commission (Permitted Disclosure of Information) Order 2009 (SSI 2009/448)

The committee agreed that no points arose on the instruments.