Official Report 242KB pdf
Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2005 (SSI 2005/90)
Members will recall that we asked about the meaning of the term "designated port" because we thought that there was confusion. The term is intended to apply to cod and sole, but in one part of the order the term applies only to cod. As the order carries a criminal sanction, our legal adviser rightly thinks that the order should be drafted clearly. Are we agreed that we should report the order to Parliament and the lead committee on the ground that the drafting could be clearer?
The second question on the order was for the Executive to explain why the first paragraph in article 33 is not numbered. The Executive is not considering renumbering the paragraphs although our legal adviser thinks that it might cause a problem if someone wants to refer to the unnumbered paragraph. Should we report that point to the lead committee and Parliament?
Our third question to the Executive on the order was in relation to the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2004 (SSI 2004/44). The Executive gives a detailed explanation of its intentions and says that the order will work. The Executive undertakes to take steps to put the issue beyond doubt at the next legislative opportunity. Are we content with that? Do we will want to report the answer even though the problem will be rectified?
We should report it, but we should also indicate that we are content that the Executive has agreed to make a new order at the earliest possible opportunity.
Is that agreed?
Plastic Materials and Articles in Contact with Food Amendment (Scotland) Regulations 2005 (SSI 2005/92)<br />Colours in Food Amendment (Scotland) Regulations 2005 (SSI 2005/94)
We will take the two instruments together. Two points were raised. We asked why the preambles made no reference to either the consultation requirement in article 9 of regulation EC 178/2002 or the consultation requirement in section 48(4) of the Food Safety Act 1990, which is the parent act.
I agree with the legal advisers.
So we will report to the Parliament and the lead committee on the ground of defective drafting.
Our second question was about the absence of a transposition note.
The Executive agrees with us that it would be nice to have a transposition note, but it has not provided one; nor has it provided the samples that are referred to. Given that the exercise to provide such samples is now being undertaken, it is probably time to step up the Christine May campaign for transposition notes. It cannot be that difficult to provide them. They can be provided in other parts of the United Kingdom, so I do not see how they cannot be produced for the Scottish situation. Please can we draw that to the attention of the lead committee, the Parliament and the world at large?
Is that agreed?
That issue is on-going.
Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2005 (SSI 2005/93)
This is the 10th set of amendments to the principal regulations. We have asked the Executive what progress is being made towards consolidation. The Executive says that progress is delayed because it is conducting an on-going strategic review. Are we content with the Executive's response, given that there is not much that we can do?
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