Transport of Animals (Cleansing and Disinfection) (Scotland) Regulations 2000 (SSI 2000/167)
The second matter is SSI 2000/167. Various legal points have been raised. Fergus, did you want to mention something?
Thank you, convener. We have had an opportunity to look at Council Directive 91/628/EEC of 19 November 1991 which this SSI seeks to implement. Regulation 4(2) of the SSI does not appear to implement the terms of the directive in article 1, subparagraph 2(b). The directive deals with exemptions to the rules for the transportation of animals and lists a number of areas which should be exempt. Those areas have not been clearly reflected in regulation 4(2) of the SSI. Perhaps it would be helpful to the Executive if we were to seek clarification on specific points.
First, the provision regarding pet animals in article 1, subparagraph 2(a) of the directive does not seem to have been translated into regulation 4(2) of the SSI. Secondly, and of particular importance to small farmers and to auction marts in rural Scotland, there is an exemption in the directive that the provision would not apply
to the transport of animals carried out:
- up to a maximum distance of 50 km counted from the start of the transport of the animals to the place of destination, or
- by stock farmers or fatteners using agricultural vehicles or means of transport belonging to them in cases where the geographical circumstances call for non-profit-making seasonal transhumance of certain types of animal.
There is a further provision. I will not test the patience of the committee by reading it out, but these are important matters if you happen to be a small farmer and must transport your beasts to the market. The European rules seem to be more lax than British rules. The complaint of farmers is usually the other way round. As the journalists famously say, I think we should be told.
The Executive is to be congratulated on this consolidation exercise.
There is a question over regulation 5 and who commits the offence. If a criminal offence is to be created we should know in what circumstances it is committed and by whom. There is no reference to that in the regulation. Perhaps the Executive could look at that drafting oversight so that the circumstances and nature of the offence are clear.