Subordinate Legislation Committee, 22 Jan 2002
Meeting date: Tuesday, January 22, 2002
Official Report
106KB pdf
Instruments Subject to Annulment
Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002<br /> (SSI 2002/6)
The instrument is another biggie. We have identified 20 points on the regulations to raise with the Executive. I do not propose to raise them all now.
The regulations are interesting and important. They concern in part the legal rights of those who own farms that straddle the border and affect the legal remedies that are open to those farmers. That becomes tricky because of their rights under European legislation. The Executive has not managed to get the regulations right. The Scotland Act 1998 makes specific provision, for example in section 93, to deal with matters such as the extra-territorial powers that Scottish ministers might need to exercise. Why is that provision not utilised?
It is devolution in reverse. We are starting to take over.
That seems a reasonable idea. I hope that your party bosses note that you suggested it.
I was only making an observation. I was not commenting on whether the approach was wise.
There are serious questions on the regulations that we want to raise with the Executive. Although much of the instrument is perfectly straightforward, there are a number of problems.
I can see that Gordon Jackson is not in the least worried about the rights of English farmers.
Does the committee agree to write to the Executive, pointing out that we are not happy with a great number of aspects of the regulations and would like further explanation on them?
Members indicated agreement.