Health and Community Care Committee, 27 Sep 2000

Meeting date: Wednesday, September 27, 2000

Official Report 85KB pdf

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Subordinate Legislation

We have three negative instruments to consider, starting with the Meat (Disease Control) (Scotland) Regulations 2000 (SSI 2000/288). The Subordinate Legislation Committee commented that the regulations breached the 21-day rule but the reasons that were given, regarding urgency as a result of the recent swine fever outbreak in East Anglia, were acceptable to that committee. It is suggested that those reasons should also be acceptable to us. No motion to annul has been lodged, so the recommendation is that the committee does not wish to make any recommendation. Is that agreed?

Members indicated agreement.

The Subordinate Legislation Committee had no comments on the next negative instrument, the General Medical Council (Legal Assessors) Amendment (Scotland) Rules 2000 (SSI 2000/308). No motion to annul has been lodged and the recommendation again is that the committee does not wish to make any recommendation. Is that agreed?

Members indicated agreement.

The Subordinate Legislation Committee made more serious comments on the next negative instrument, the Food Irradiation Provisions (Scotland) Regulations 2000 (SSI 2000/309). The Subordinate Legislation Committee agreed at its meeting on 26 September that it had two main concerns, about defective drafting of certain parts of the instrument and ambiguity. That ambiguity concerns a matter that may involve criminal charges being brought, so we must try to find ways around that lack of clarity.

The Executive has not satisfied the Subordinate Legislation Committee's concerns and I suggest that the Health and Community Care Committee ask the Executive to explain its position further. If we are minded to seek further information from the Executive, we could do so by correspondence and progress the matter after the recess. Is that suggestion acceptable to the committee?

Members indicated agreement.

We will seek clarification from the Executive and, once we have received that, we will decide after the recess whether any member wishes to lodge a motion to annul.