Rural Affairs, Climate Change and Environment Committee
Meeting date: Tuesday, June 26, 2012
Official Report
413KB pdf
Subordinate Legislation
Welcome to the 17th meeting in 2012 of the Rural Affairs, Climate Change and Environment Committee. I request that members and members of the public turn off their mobile phones and BlackBerrys, as leaving them in flight mode or on silent will affect the broadcasting system.
We have received apologies from the convener, Rob Gibson, for whom I am deputising and Nigel Don is substituting, and from Margaret McDougall.
Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012 [Draft]
Under agenda item 1, we will take evidence from the minister on a draft Scottish statutory instrument that has been laid under the affirmative procedure, which means that the Parliament must approve it before provisions may come into force. Following this evidence-taking session, the committee will be invited to consider the motion to approve the order.
I welcome the minister and his officials: Catherine Murdoch, who is the policy officer in the wildlife management, wildlife and protected areas, natural resources division of the directorate for environment and forestry—that is quite a mouthful—and Andy Crawley, who is a lawyer in the legal services directorate. We are also joined by Ron Macdonald, the head of policy and advice at Scottish National Heritage.
I ask the minister to speak to the instrument.
The Minister for Environment and Climate Change (Stewart Stevenson)
Sorry to correct you, but it is Scottish Natural Heritage—I know that the agenda says “National”, but there we are.
Thank you for the chance to say a few words about this order. It makes minor amendments to primary and secondary legislation, all of which are in consequence of changes that were made by the Wildlife and Natural Environment (Scotland) Act 2011.
As you might expect, the order removes references in primary legislation to acts that were repealed by the 2011 act and revokes a snares order that has been superseded by the 2011 act. It ensures that references to licensing are brought into line with the changes to the licensing functions that were made by the 2011 act—in terms of the fact that we may now delegate licensing functions to Scottish Natural Heritage and local authorities, and in terms of the activities for which one can obtain a licence that would otherwise be unlawful under the 1981 act. It also ensures that the enforcement functions in the Marine (Scotland) Act 2010 cover all the relevant new offences created by the 2011 act. Finally, it provides a new definition of “game” in orders that refer to a definition that was contained in an enactment that was repealed by the 2011 act.
The order does not take forward any new policy. However, I am happy to take questions on any of the modifications that it contains.
As committee members have no questions, I invite the minister to move motion S4M-03158, which asks the committee to recommend approval of the affirmative instrument. There is an option for formal debate, which can last up to 90 minutes, but we shall see whether that comes to pass.
Motion moved,
That the Rural Affairs, Climate Change and Environment Committee recommends that the Wildlife and Natural Environment (Scotland) Act 2011 (Consequential Modifications) Order 2012 [draft] be approved.—[Stewart Stevenson.]
Motion agreed to.