Subordinate Legislation Committee, 18 Jun 2002

Meeting date: Tuesday, June 18, 2002

Official Report 117KB pdf

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Instruments Subject to Annulment

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Contaminants in Food (Scotland) Regulations 2002 (SSI 2002/267)

The regulations—which contain a number of typos—consolidate with amendments regulations made in consequence of EC legislation that controls certain contaminants, such as lead, in food. I am surprised that any lead is allowed in food.

The problem is that lead is everywhere. There is a background level of lead in water.

Is there?

Yes, I believe so.

Gosh, that is interesting.

I thought that water pipes were put in to eliminate lead.

I know, but this is about food, Colin.

Food and water are often associated in the manufacture of food.

Good thinking. There are a number of typos, but the regulations do not appear to give rise to any difficulties. We will note that we have noticed the typos.

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National Health Service (General Dental Services) (Scotland) Amendment (No 2) Regulations 2002 (SSI 2002/268)

Nul points.

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Sheriff Court Fees Amendment Order 2002 (SSI 2002/269)

There is one small spelling error, but it is fine apart from that.

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Court of Session etc Fees Amendment Order 2002 (SSI 2002/270)

No points arise in relation to this instrument.

It is allied to the previous one.

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Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment Regulations 2002 (SSI 2002/271)

Apparently, there are discrepancies between the tables in the regulations and those on the EU directives but, having tried to plough my way through the tables, I do not know what they are. It is all super-technical and I congratulate whoever made their way through the document.

The regulations amend the provisions of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 in the light of new European Commission directives. Although the regulations are technical, they are directly applicable to an important area of policy making. It is worth while recording our thoughts on the matter if we think that there is confusion or that items are missing from the tables. It is unclear where the figures for the maximum residue levels of lambda-cyhalothrin—we miss Ian Jenkins when it comes to pronouncing words like that—in respect of lemons, limes and mandarins come from. There is also a question mark over the source for the levels of azoxystrobin in respect of figs, kiwi fruits and some other fruits.

We should ask the Executive to advise us why there are those discrepancies.

We should also ask whether we have been supplied with all the relevant EU documentation, provided that we do not have to carry it home, as it must weigh a ton.

The Executive did not supply a transposition note, but we should thank the Executive for providing copies of the relevant extracts from the tables in previous instruments. That made our checking job a little easier.

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Loch Caolisport Scallops Several Fishery (Scotland) Order 2002 (SSI 2002/272)

No points arise.

A few wee typographic errors, but otherwise not bad.

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Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No 2) 2002<br />(SSI 2002/274)

I think that I pronounced the word "sederunt" differently last week.

There is a small typo, which we will deal with in an informal letter. The instrument is about the fees that solicitors get paid in the sheriff court. I am sure that they are worth every penny of their 4.3 per cent increase.

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Adults with Incapacity (Specified Medical Treatments) (Scotland) Regulations 2002 (SSI 2002/275)

This is this morning's biggie.

The instrument raises complex issues under articles 3, 8 and 14 of the European convention on human rights. It might be a good idea for us to ask someone from the Executive to come before us to explain the thinking behind the instrument.

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Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002 (SSI 2002/276)<br />New Water and Sewerage Authorities Dissolution (Scotland) Order 2002<br />(SSI 2002/277)

No points arise on these instruments.

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Extensification Payment (Scotland) Regulations 2002 (SSI 2002/278)

Does the committee wish to ask the Executive whether there is any provision in the regulations for an appeal against a decision to withhold recovered payments under regulation 8?

That would be appropriate.

We also need to confirm that, in the definition of Commission regulation 3887/1992, the final reference ought to be to Commission regulation 882/2001 instead of 882/2007. It seems to be a wee mistake.

By the way, Murdo, do you know what the Ran doctrine is?

Sorry, I do not.

Apparently, according to expert opinion, the reason that the scheme is now being embodied in legislation is due to the effect of the rule known as the Ran doctrine. I do not know what that is—I must find out.

Does anyone know what the IACS regulations are?

Yes.

What are they?

The integrated administration and control system regulations form a map-based system for paying subsidies to farmers.

Is that what they are? That makes everything much clearer.

Also, as Murdo Fraser said in a previous meeting, the phrase "as a debt" in regulation 8 is de trop. However, we cannot do anything much about that. We will have to let it go.

Well, I think that we have made the point before. If we are going to raise the issue anyway, it probably does no harm to throw that additional comment in.

Okay. We will ask the Executive about it.

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Plant Protection Products Amendment (No 2) (Scotland) Regulations 2002<br />(SSI 2002/279)

No points arise on these regulations.

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Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) (Amendment) 2002 (SSI 2002/280)

Apart from a missing footnote, which can be dealt with through an informal letter, no points arise on this instrument.

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Gaming Act (Variation of Fees) (Scotland) Order 2002 (SSI 2002/281)

No points arise on this order. However, did anyone notice that the fees were reduced for gaming licences last year? We have to ask ourselves whether that is a good or a bad thing—although, fortunately, we do not need to do so as a committee.

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Education (Student Loans) Amendment (Scotland) Regulations 2002 (SSI 2002/282)

No points arise on these regulations.

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Animal By-Products (Identification) Amendment (Scotland) Regulations 2002 (SSI 2002/283)

We need more of an explanation about the drafting of new regulation 4(a). Moreover, we should ask whether the Executive has any plans to consolidate the regulations that refer to the Animal By-Products (Identification) Regulations 1995 to reduce the possibility of unfit meat entering the human food chain. This is important stuff.

Eight points have been noted on the drafting of the regulations. As I have said, the main point is the drafting of new regulation 4(a) as inserted in the principal regulations by regulation 2(3). There is some doubt about the meaning of carcase. Now I thought that I knew what a carcase was.

I thought that it was a dead body.

Well, the difference is between dead chickens and other dead animals. Perhaps we should ask the Executive to clarify the definition for us.

Also, the instrument contains some typos and some of its provisions are contained in lengthy passages of unbroken text that make it difficult to read. The committee has made a point of saying that that is not good-quality drafting. We need to bear in mind that this sort of instrument should be more consumer friendly—if one can talk about such a thing in the context of carcases and unfit meat—so that it can be more easily read by those whom it affects.

If there are no other comments on the instrument, let us move on.

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Food (Control of Irradiation) Amendment (Scotland) Regulations 2002 (SSI 2002/284)

We are heartily pleased that there will potentially be less food poisoning in future. Do we thank the EU for that?

Are you sure that we want to do that?

Perhaps we should.

No, we will not, but we are no doubt glad of the provision. Apart from the small typo in new paragraph 9(4), no points arise on the instrument.

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Feeding Stuffs Amendment (Scotland) Regulations 2002 (SSI 2002/285)

No points of substance arise on the instrument, but it contains a number of typos.

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Teachers' Superannuation (Scotland) Amendment Regulations 2002<br />(SSI 2002/288)

The principal regulations have been amended umpteen times—15 times, I think. We shall ask the Executive whether it has any plans to consolidate them.

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Bus Service Operators Grant (Scotland) Regulations 2002 (SSI 2002/289)

We have a small quibble about the instrument's title, as it does not tell the reader what the instrument does. The instrument determines which bus service operators are eligible for grants, but that is not indicated in the title. We can ask the Executive why it could not think up a better name for the instrument.

Have members any other comments?

Regulation 2 states that "local service" is defined

"in section 2 of the Transport Act 1985",

but "local service" is defined in section 48(1) of the enabling act. There seems to be an inconsistency.

We should draw that to the Executive's attention and ask whether that was intended.

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Travel Concessions (Eligible Services) (Scotland) Order 2002 (SSI 2002/290)

The instrument seems fine.

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Home Zones (Scotland) (No 2) Regulations 2002 (SSI 2002/292)

This replaces the draft that we saw a few weeks ago that was full of mistakes. We should be pleased with the Executive for correcting them all.

The Executive should be pleased with us for pointing them out. We should all be pleased with each other.

Mutual pleasure, convener.

Bill Butler has hit on it. We should have "Mutual Pleasure" emblazoned above the door of the Subordinate Legislation Committee room.

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Advisory Council (Establishment) (Scotland) Regulations 2002 (SSI 2002/293)

A couple of points can be made. We should perhaps ask the Executive to explain the power that authorises regulation 4. Given the terms of the enabling act, we should ask the Executive to explain the purpose of the provision. We should also ask by what route the convener of the council appears—in other words, who appoints the convener.