Official Report 139KB pdf
Avian Influenza (Preventive Measures) (Scotland) Regulations 2005 (SSI 2005/530)
We noted that provisions concerning powers of entry usually limit the exercise of those powers and we sought clarification as to why they were not limited in the regulations. The Executive's answer is that it did not wish to place any time restrictions on entry to premises because entry might be required at any time to ensure that all required steps are being taken to prevent the transmission of the virus. The Executive said that it would be reasonable as far as was humanly possible. Are we happy with the Executive's explanation?
The explanation is fine, but it reveals a policy issue rather than a fact for subordinate legislation. I think that we should draw the lead committee's attention to that. Certainly, my own view, if I am allowed to speak on the policy, is that if the Executive is going to be reasonable then it should say that in the regulations.
The difficulty is in defining "reasonable."
Absolutely. There are many definitions of that. We should draw it to the lead committee's attention that the Executive has referred to a matter of policy in order to ensure that the committee knows that it is a deliberate policy.
Yes, we should inform the committee of the Executive's explanation.
I was not going to say anything, but the discussion has opened up the matter. Much as it goes against the grain to support the current Executive, I support it on this matter. It is entirely reasonable for it to take immediate action and to have the flexibility to do so at any time that it deems necessary. This matter is relevant to public health, whether it be human or animal health. There is an overriding factor in these cases that might demand, for example, that taking action at two in the morning is reasonable under certain circumstances.
I tend to agree with Stewart Maxwell. What do Murray Tosh and Adam Ingram think?
I agree with Stewart Maxwell.
The point is well made.
We will go with that, but report to the lead committee and the Parliament with the Executive's explanation.
Avian Influenza (Preventive Measures in Zoos) (Scotland) Regulations 2005 <br />(SSI 2005/531)
The committee raised two points with the Executive. First, we expressed concern about whether regulation 5(2) meets the requirement that vaccination must be carried out
Secondly, the committee asked the Executive to explain how the conditions in annex II to the decision are to be enforced. The Executive explains that, where not carried out under the supervision of ministers, vaccination must be carried out in accordance with their instructions, which will necessarily require compliance with annex II to the decision. Are members happy with that explanation?
We will pass those explanations to the lead committee and the Parliament.
Food Labelling Amendment (No 3) (Scotland) Regulations 2005 (SSI 2005/542)
The committee asked the Executive for further explanation of why the regulations were not made available free of charge. The Executive has explained that the regulations do not correct a defect in earlier regulations that existed when these regulations were made and that, therefore, it is not required to make the regulations available free of charge.