Environment and Rural Development Committee, 19 Dec 2006

Meeting date: Tuesday, December 19, 2006

Official Report 160KB pdf

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Subordinate Legislation

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Plant Protection Products (Scotland) Amendment (No 3) Regulations 2006<br />(SSI 2006/576)

The Subordinate Legislation Committee has forwarded us no comments on the regulations. Do colleagues have any comments?

I am afraid that I am beginning to become a bit of a negative-instrument pain, but I am wary of simply nodding through legislation that we do not understand. Although I have no particular quarrel with the additional substances that are being added to the list that is referred to in the regulations—because I do not know what they are—I find the list odd. It is supposed to relate to plant protection but it includes three weedkillers, including paraquat, which is a substance that does not protect plants. The list also includes warfarin, which doctors use as an anticoagulant blood thinner and which other people use as a rat poison. Again, I am not sure what that has to do with plant protection. I am not sure what chemical substances have to do to get themselves on the list, so I would like more explanation. The list refers to the chemicals as "pesticides". Something that kills rats might be considered to be a pesticide, but would be outwith the range of what I would consider to be a plant pesticide.

I am reluctant to approve legislation that I do not understand. As is often the way with statutory instruments, I do not think that my reading of the Executive notes has contributed greatly to my understanding.

The instrument is simply saying that the substances cannot be used without permission. It is further restricting their use, which is probably a good thing.

That is probably a good thing, and I am sure that the instrument is fine, but I am reluctant to say yes—or, at least, not to say no—to something that I do not fully comprehend.

It is not a huge problem: we have a bit of time to reconsider the instrument in January. The policy memorandum explains that it is a mixture of different kinds of chemicals that are used for different purposes. The instrument includes chemicals that are used as pesticides, but which also have other uses.

The background section in the Executive note states:

"Active substances used in pesticides are evaluated at EU level and those that are found to be acceptable in terms of effects on people and the environment are authorised by means of inclusion in Annex 1 of the Directive."

However, that is about another seven pesticides, and more than one directive is involved, so we may require a bit more background briefing on the instrument.

That is possible.

I suspect that we will still agree to the instrument.

I am sure that we will.

Are colleagues happy to put the instrument on our agenda for January and to ask for a fuller note explaining the background to the directives in terms of what they do and how the instrument slots in?

Members indicated agreement.

We move into private session—as agreed at our meeting on 13 December—to discuss our approach to our inquiry into the scrutiny of sustainable development.

Meeting continued in private until 10:56.