Rural Affairs, Climate Change and Environment Committee

Meeting date: Tuesday, June 26, 2012

Official Report 413KB pdf

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Subordinate Legislation

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Wildlife and Countryside Act 1981 (Exceptions to section 14) (Scotland) Order 2012 (SSI 2012/173)

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Wildlife and Countryside Act 1981 (Keeping and Release and Notification Requirements) (Scotland) Order 2012 (SSI 2012/174)

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Poultry Health Scheme (Fees) (Scotland) Regulations 2012 (SSI 2012/176)

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Trade in Animals and Related Products (Scotland) Regulations 2012 (SSI 2012/177)

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African Horse Sickness (Scotland) Order 2012 (SSI 2012/178)

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Animal By-Products (Miscellaneous Amendments) (Scotland) Regulations 2012 (SSI 2012/179)

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Leader Grants (Scotland) Amendment Regulations 2012 (SSI 2012/182)

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Marine Licensing (Fees) (Scotland) Amendment Regulations 2012 (SSI 2012/183)

The next agenda item is consideration of eight negative instruments that are listed on the agenda. Members should note that no motions to annul have been received. I refer members to the agenda and the accompanying papers. Are there any comments on any of the instruments?

Members will note that three of the first four instruments—I am struggling to get my eyes around the words here—were subject to report by the Subordinate Legislation Committee, which I convene. That report was not very positive because we found some quite substantial errors. The committee is entitled to be concerned that some of the instruments will come into force very soon with quite substantial errors in them, and so members might, under such circumstances, be minded to reject them. However, I can tell the committee that the Government has responded very quickly and produced some amendments.

It is not up to me to pre-empt what the Subordinate Legislation Committee will say about the amendments, but the committee might be encouraged to note that Scottish statutory instruments SSI 2012/173, SSI 2012/174 and SSI 2012/177 have been amended by the Government, and I suspect that when the Subordinate Legislation Committee meets this afternoon it will be minded to conclude that the Government has done a good job with those amendments.

10:45

Thank you; that was very helpful. I am aware of what Nigel Don has said. Reading through the papers, I see that the Subordinate Legislation Committee had concerns about elements of those three instruments. The Scottish Government accepted that some things needed to be put right and, as Nigel Don said, it has come forward to put them right. The Subordinate Legislation Committee will consider the instruments this afternoon, so the Rural Affairs, Climate Change and Environment Committee might be minded to proceed on that basis. Does any member want to comment?

I take Nigel Don’s point. Previously, the committee has discussed wrong or inaccurate drafting of instruments and the instruments have been amended later. Based on the information that Nigel Don has given us, I am happy for the instruments to proceed.

Are there any further comments on those three instruments, or indeed on any of the other five instruments?

I have a slight concern about SSI 2012/178, which I draw to the committee’s attention. The Subordinate Legislation Committee’s report considers whether the Government has the powers to do what it wants to do under the order. The Government makes a robust case for defending the vires of the order. It has done so before; there have been other similar instruments and, as far as I am aware, they have not yet come to a court. I hope that they never do. I find it interesting that, as a general principle of law, we cannot delegate authority to do things unless there is a specific power to delegate. Anyone who is familiar with law will know that. There is a matter of slight contention about whether the Government is really empowered to delegate as it does in the order.

I note that simply to impress on the committee that this is not the first time that this has happened. The Government holds that line and I think that we have to accept that that is the Government’s line, but to note that, in parliamentary process, whether those powers really exist is arguable.

Thank you for that.

I seek some guidance, convener. If the instruments are to be considered by the Subordinate Legislation Committee this afternoon, can we move forward with them this morning? I need clarity on the procedure.

I understand from the clerks that we can and I understand why. We are being asked to consider a series of negative instruments, including the three to which Mr Don referred; corrective instruments are being laid before the Subordinate Legislation Committee this afternoon that cover certain elements of the instruments.

Our papers make it clear that the Subordinate Legislation Committee had certain issues with those three instruments. The Scottish Government accepted in correspondence that those issues were relevant and confirmed, in writing, that it will address them. I am confident that that will be duly considered this afternoon in the Subordinate Legislation Committee. In any event, we are being asked to consider the instruments as they stand, with the caveat that the Scottish Government will come forward with corrective measures for some elements of those instruments that are variously noteworthy.

In the circumstances, I understand that the committee can proceed with the instruments if it is minded to do so. Indeed, we will look at the amending instruments once the Subordinate Legislation Committee has considered them in September.

Perhaps I can help Dennis Robertson by pointing out that, within the negative procedure, we often look at an instrument after it has come into force. That is what we will be doing in September, because the instruments that we are considering will come into force in July. As I understand it, it is important for the committee to allow the instruments to proceed today because if we do not, they will not be there to amend in September. We need the complete set of instruments, including those that have errors, in order for them to be corrected.

That is a good point. On that basis, unless there are any further comments, is the committee agreed that it does not wish to make any recommendations on the instruments?

Members indicated agreement.

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Wildlife and Natural Environment (Scotland) Act 2011 (Commencement No 4, Savings and Transitional Provisions) Order 2012 (SSI 2012/175)

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Bluetongue (Scotland) Amendment Order 2012 (SSI 2012/184)

The next agenda item is consideration of two instruments that are not subject to any parliamentary procedure. I refer members to the agenda and the accompanying papers.

As there are no comments, I seek the committee’s agreement to note the instruments. Is the committee so agreed?

Members indicated agreement.

Thank you. I remind members that the committee’s next meeting is on 12 September 2012.

Meeting closed at 10:51.