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Food (Scotland) Act 2015 (Commencement) Order 2015 (SSI 2015/99)
Article 2 of the order specifies “1st April” as the date on which the Food (Scotland) Act 2015 will come into force so far as it is not already in force. However, it does not include a year. In specifying an incomplete date, the instrument fails to fully achieve its policy objective. Does the committee agree to draw the instrument to the Parliament’s attention on reporting ground (i), as it is defectively drafted?
I understand that the Government does not intend to do anything other than issue a correction slip, which I feel is inadequate. I feel that another instrument should be laid, given that the instrument as it stands fails to achieve its policy objective. I make a plea for the correction to be made properly when it is made.
I think that it is a relatively serious error in that the date could be interpreted in other ways—the year could be 2015, 2016, 2017 or whatever. Errors sometimes could not lead to other meanings, but in this case there could be another meaning, which makes it more serious in my opinion.
The other thing that I should bring to the committee’s attention is the fact that the instrument brings into force sanctions that, although they are not actually criminal offences, will feel a bit like them. If we are in any way uncertain about whether those sanctions have been introduced, that seems to me, frankly, to be bad law and something that we should encourage the Government to avoid.
The committee makes it clear that it is highly unsatisfactory that the Government has proposed to amend the order by way of a correction slip and calls on the Government to lay a further instrument to correct the error as a matter of law before the intended commencement date of 1 April. Is that agreed?
Members indicated agreement.
Children and Young People (Scotland) Act 2014 (Commencement No 8 and Saving Provision) Order 2015 (SSI 2015/104)
No points have been raised by our legal advisers on the order. Is the committee content with them?
Members indicated agreement.
That brings us to the end of agenda item 4 and, therefore, the public part of the meeting.
11:53 Meeting continued in private until 12:06.