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Instruments Subject <br />to Annulment
Miscellaneous Food Additives Amendment (Scotland) Regulations 2005 (SSI 2005/214)
The point that arises in relation to these regulations is very similar to that which arises in relation to the Smoke Flavourings (Scotland) Regulations 2005 (SSI 2005/215). Members will recall that the issue was previously raised very strongly in legal advice. As I understand the position from my notes, legal advice suggests that the reference to consultation should be in the preamble, as would occur with any domestic statutory instrument. It is suggested that European regulations should follow the same procedure, whereas in this case the reference is in the footnote. Members might recall from what Margaret Curran told us that previous legal advice was that the footnote was not seen as part of an instrument. We want to know why there is a different approach.
I am quite happy for us to ask the Executive that question.
We will ask the Executive about its failure to cite in the preamble to these regulations the obligation to consult under article 9 of regulation (EC) 178/2002.
The issue comes up virtually every week. Can we ask a more general question as to why the Executive takes that different point of view? Why does the Executive not do as is done elsewhere and as the committee suggests? Perhaps the Executive has a good explanation—if so, I do not know what it is.
That is what we need to know.
Members indicated agreement.
Smoke Flavourings (Scotland) Regulations 2005 (SSI 2005/215)
Exactly the same point arises in relation to these regulations as arose in relation to SSI 2005/214.
Plant Health (Import Inspection Fees) (Scotland) Regulations 2005 (SSI 2005/216)
We should find out the authority for adopting the 10 per cent increase above the exchange rate.
One way of putting it would be to ask why the Executive is taking a cut.
The Executive seems to be arguing that it is taking that action because of the fluctuation in the exchange rate.
It seems clear from the information that we have in front of us that there are only two options, but that the Executive taking option three, which does not exist. We should ask about that.
We have to get an answer.
Members indicated agreement.
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