Subordinate Legislation Committee, 27 Feb 2001

Meeting date: Tuesday, February 27, 2001

Official Report 72KB pdf

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Highland and Islands Agricultural Processing and Marketing Grants etc (Scotland) Regulations 2001 (SSI 2001/40)

In consideration of the regulations, a question has arisen over an appeal mechanism. It appears that the only ways of appealing are by writing to the minister or by judicial review.

We should suggest to the Executive that the regulations have been ill thought out. The regulations are not an improvement on those that they seek to replace. If the previous regulations gave access to a proper appeal procedure, it seems a retrograde step to produce new regulations that do not offer exactly the same access. We should suggest that such an appeal procedure be put in place.

I agree. We should not rely on judicial review to deal with appeals, so it is fair for us to ask the Executive to reconsider the issue.

Our legal adviser has told us that there are panels of experts who could deal with appeals. The Scottish Land Court is also available. Given that matters will doubtless arise in the agricultural sector that may well result in appeals, the Executive should consider—not only for that sector but for others—a mechanism for appeals other than judicial review or a begging letter to the minister. We can draw that to the attention of the Executive.

That concludes our short agenda. I thank members for coming in. If they had not, we may have had to consider reconvening the meeting later in the week.

Meeting closed at 11:26.