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Chamber and committees

Rural Affairs and Environment Committee

Meeting date: Wednesday, April 14, 2010


Contents


Subordinate Legislation


Water Quality (Scotland) Regulations 2010 (SSI 2010/95)


Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010 (SSI 2010/100)

Liam McArthur (Orkney) (LD)

In relation to the sea fishing technical conservation measures order, I recollect that United Kingdom ministers, with the support of Scottish ministers, voiced concerns about the measures when they were adopted, and even went as far as to vote against them. The temptation to vote to annul the order is significant, save for the fact that doing so would leave us with a vacuum and the threat of retaliatory measures from the European Commission.

However, I am concerned that although the measures were described by the fisheries secretary as damaging, and by the First Minister as likely to affect badly large parts of the Scottish fleet, the regulatory impact assessment appears to suggest that there will be no additional impact on small and micro firms or vessels, as the order merely continues the current arrangements. That is debatable, in that the proposals have been rolled over not just for a further 12 months but for a further 18 months. In the context of further catch and effort restrictions, it is not hard to see that the cumulative impact will impose further costs on the vessels affected.

I do not think that we are in a position to annul the order because the consequences of doing so are significant and potentially hugely damaging. Nevertheless, it would perhaps have been helpful in the context of the note prepared by the Government if ministers had set out their intentions for negotiating as a matter of some urgency more manageable measures. The measures were agreed to in 2008 for introduction in 2009 as emergency transitional measures. The intention to have a rollover for a further 18 months is deeply worrying. It would be helpful to the committee—certainly to me—if ministers were to set out where they are in the negotiations with the Commission on the introduction of more manageable and effective measures, especially on the west coast.

The Convener

Agenda item 2 is consideration of two negative instruments: the Water Quality (Scotland) Regulations 2010 and the Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010. The Subordinate Legislation Committee has commented on the water quality regulations, and the relevant extract of that committee’s report has been circulated to members as paper 3. No member has raised any concerns in advance and no motions to annul have been lodged. Do members have any comments on the instruments?

The Convener

Is it agreed that we write to the minister to ask him what his plans are for following that up?

Members indicated agreement.

The Convener

Apart from the issue raised by Liam McArthur, do we agree not to make any recommendations in relation to the Scottish statutory instruments as detailed on the agenda?

Members indicated agreement.

10:06

Meeting continued in private until 12:48.