Rural Affairs and Environment Committee, 27 Jun 2007

Meeting date: Wednesday, June 27, 2007

Official Report 197KB pdf

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Subordinate Legislation

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Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2007 (SSI 2007/304)<br />Vegetable Seeds Amendment (Scotland) Regulations 2007 (SSI 2007/305)

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Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No 2) Regulations 2007 (SSI 2007/306)<br />European Fisheries Fund (Grants) (Scotland) Regulations 2007 (SSI 2007/307)

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Cattle Identification (Scotland) Amendment Regulations 2007<br />(SSI 2007/312)<br />Plant Health Fees (Scotland) Amendment Regulations 2007 (SSI 2007/314)

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Bovine Semen (Scotland) Regulations 2007 (SSI 2007/330)

Under agenda item 3, we have seven statutory instruments to consider under the negative procedure. No motions to annul have been lodged, but Mike Rumbles has concerns about the Cattle Identification (Scotland) Amendment Regulations 2007 (SSI 2007/312).

I have discussed the issue with the clerks and seek the indulgence of the committee to put the regulations back on the agenda in September. I would like to call the minister to ask him about the regulations, as they create criminal offences and I would like to know more about them. The issues are serious and we need to have the minister before us. I know that we have time constraints, but we can bring back the regulations in September.

The statutory instruments were introduced fairly early to allow for the possibility that any one of them might have to come back before the deadline, so there is plenty of time to do that.

I share Mike Rumbles's concerns. The Executive note states that one of the policy objectives of the regulations is that all movements of cattle

"on to and off the holding must be notified to the competent authority within 3 days of the event."

That is a short timescale—it is not clear whether it means working days, but it is difficult for people to comply with it. It is almost excessively onerous. I declare an interest as a farmer. As someone who has tried to do such things, I know how difficult it is. I just wanted to add that to the points that Mike Rumbles made.

Another issue is that the current system of penalties cannot differentiate between fraud and genuine error in those circumstances, which is an issue that several members have taken up with the Scottish Executive Environment and Rural Affairs Department over several years. I echo Mike Rumbles's comments and would like to hear from the minister on the issue.

Richard Baker makes a good point. Almost every party's manifesto contained something about the appeals process and the need to differentiate between fraud and genuine errors. That has not yet been resolved. We should put the issue on our work schedule, because it is hugely contentious for those who are involved.

The Executive note on the cattle identification regulations is better than those on many of the other sets of regulations; it is at least in plain English, even if it does not go into sufficient detail to allow us to assess whether we are talking about working days. I would like that to be communicated. The plain English aspect of it is great, but it could have done with being a little bit more specific.

The Executive notes on the other sets of regulations were so opaque as to be utterly useless. We have had eight years of useless Executive notes, and I do not want to have to spend another four years considering useless Executive notes. The civil servants should at least be commended for using plain English in the cattle identification regulations. That example should be drawn to the attention of the various other parts of the Scottish Executive. When I read through all the other regulations that we are considering, I found the Executive notes hopeless.

As a new member, I agree with you whole-heartedly. I certainly struggled through some of them.

An Executive note explains nothing when it refers only to various policy directives without explaining their import.

It takes many years of training to acquire that skill.

Let us at least start firing warning shots.

I have concerns about another set of regulations.

Perhaps, in future, you could let the clerks know in advance.

I am sorry; I did not appreciate that.

Which instrument do you have a concern about?

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No 2) Regulations 2007 (SSI 2007/306). If I have understood it correctly—and I may not have done—annex A of the regulatory impact assessment says that the cost of each maximum residue level will be £11,629, which is an enormous cost for people to bear. I am not sure what we can do about it because it appears that there is no question but that the regulations need to be brought into force, but I wanted to register my concern about the cost.

We are deferring one set of regulations to an early meeting after the recess, so I see no reason why we should not defer this set as well, so that the question can at least be asked. Would you be satisfied with a written explanation of how the cost is arrived at? We have time to defer the regulations, because we do not have to report to the Parliament until 17 September.

I may not have understood the regulations correctly, but I would be grateful for an opportunity to reconsider them with a view to determining whether the costs can be reduced.

Okay. We will get the minister back on the Cattle Identification (Scotland) Amendment Regulations 2007 and the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Amendment (No 2) Regulations 2007. If he is coming for the former, he can come for the latter.

That leaves us with five out of the seven instruments to consider. Are we agreed that the committee does not wish to make any recommendations on the Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2007 (SSI 2007/304), the Vegetable Seeds Amendment (Scotland) Regulations 2007 (SSI 2007/305), the European Fisheries Fund (Grants) (Scotland) Regulations 2007 (SSI 2007/307), the Plant Health Fees (Scotland) Amendment Regulations 2007 (SSI 2007/314), and the Bovine Semen (Scotland) Regulations 2007 (SSI 2007/330)?

Members indicated agreement.

That ends today's business. Our next meeting will be after the summer recess. Committee members will be informed of the date of that meeting and, prior to that, of the arrangements for the committee's away day.

Meeting closed at 11:24.