Rural Affairs and Environment Committee
Meeting date: Wednesday, June 23, 2010
Official Report
399KB pdf
Subordinate Legislation
Seed (Scotland) (Miscellaneous Amendments) Regulations 2010 (SSI 2010/219)
Sea Fishing (Restriction of Days at Sea) (Scotland) Order 2010 (SSI 2010/238)
Item 2 is consideration of two Scottish statutory instruments under the negative procedure. The Subordinate Legislation Committee has made no comments on the instruments, no member has raised concerns about either of them in advance of the meeting, and no motions to annul have been lodged. Do members have any comments?
Liam McArthur (Orkney) (LD)
I want to speak briefly about SSI 2010/238. On looking through the regulatory order, I was struck by the fact that we have a do-nothing option and an option to bring in the SSI, as set out by the Government. I am struggling to accept that there are only two options. Options beyond the do-nothing option could and should have been considered.
There seems to be a suggestion that there was fulsome support in the conservation credits steering group for the approach that is being taken, but I am aware that there was significant disagreement in that group on aspects of the approach. There were also concerns that the steering group was presented with paperwork very late in the day, on the eve of the meeting that was scheduled to consider the approach. I raised that matter with the Cabinet Secretary for Rural Affairs and the Environment earlier this month. He acknowledged that there were concerns, and he proposed to address them urgently with the industry. I am interested to know what progress he has made on that, particularly on monkfish quota transferability and the threatened loss of the deep-water edge along the so-called French line.
I do not think that we can do anything in relation to the statutory instrument—I think that what has been stated about the legal vacuum that could be left is entirely valid—but I would welcome clarification on the action that is being taken.
Okay. We can certainly raise that matter with the cabinet secretary.
I largely support Liam McArthur’s comments. I am not entirely certain that the order absolutely reflects the views of the industry either, notwithstanding the consultation that appears to have taken place. However, that said, we probably have no choice but to pass the instrument today.
I am happy to say that I welcome the quality of the instruments that are now being put before us. That is a huge step forward and the fact that there is no report from the Subordinate Legislation Committee is to be welcomed.
Apart from writing to the cabinet secretary on the points that Liam McArthur raises, do we agree not to make any recommendations in relation to the SSIs?
Members indicated agreement.