Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Scotland) Order 2004 <br />(SSI 2004/209)
We have two responses to consider under item 4 today. On the first instrument, members will remember that we raised a point about an ambiguous derogation. We asked whether the derogation is in respect of the requirement for a controller or whether it is in respect of the whole obligation. The Executive response confirms that it is in respect of only the controller.
No. I suggest that we report the instrument on the ground that we asked for and received explanations.
On the first point, we will say that the drafting was ambiguous but that we have received the Executive's full explanation. On the second point, we will say that the order failed to follow proper legislative practice.
Primary Medical Services (Consequential and Ancillary Amendments) (Scotland) Order 2004 (SSI 2004/212)
Members will remember that we raised the sufficiency of the vires. Our legal adviser is now of the opinion that the Executive's explanation is okay, although it was quite difficult to follow its explanation of the provision. Our advice now is that there is really no practical effect that would be detrimental in any way to the instrument.
Can I ask that paragraph 26 of our briefing paper, which sets out the Scottish Executive's explanation of the point that we raised, be produced in full in the record or in our report?
Absolutely. We all had problems with it.
Is it not a straight lift from a "Yes, Minister" script?
Absolutely.
We are looking for volunteers to read it out and make it sound sensible.
That would be impossible.