Subordinate Legislation Committee, 26 Jun 2007

Meeting date: Tuesday, June 26, 2007

Official Report 120KB pdf

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Instruments Subject to Annulment

Item 2 is instruments subject to annulment. We all did our swotting after the bit of tuition that we were given last week. I have read every single instrument—whether I understand them is another matter.

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Instruments Subject <br />to Annulment

Item 2 is instruments subject to annulment. We all did our swotting after the bit of tuition that we were given last week. I have read every single instrument—whether I understand them is another matter.

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Products of Animal Origin (Third Country Imports) (Scotland) Amendment Regulations 2007 (SSI 2007/304)

This is one of the instruments to which I referred earlier. Given that the committee can consider the regulations only once, as I pointed out, the legal advisers have already raised issues with the Executive on the committee's behalf. They are to be praised for their foresight.

The Executive has responded to the points raised, which is helpful. Members have the responses before them. We can now report to the lead committee on the regulations.

Are members content to draw the regulations to the attention of the lead committee and Parliament on the grounds of points (a) to (d) in the summary of recommendations?

Members indicated agreement.

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

Never in my wildest dreams did I think that I would be dealing with this sort of thing in my career as a parliamentarian.

An instrument subject to negative procedure comes into force a minimum of 21 days after it is laid. If that limit is breached, the maker of the instrument must explain the reasons to the Presiding Officer, as we heard last week.

In this case, the Executive has provided an explanation, a copy of which members have in their papers. The Executive explains that the regulations require to be brought into force on 13 July, so that Scottish farmers are placed in the same position as English farmers, particularly in relation to fees payable under the regulations.

Members might also observe that the Executive could not reasonably have been expected to make the regulations much earlier, because of the dissolution of the Parliament and the election of the new Administration. In other words, the Executive has been time constrained and we should show it some understanding.

Are members content with the regulations and is the breach of the 21-day rule acceptable in this case?

Members indicated agreement.

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Gambling Act 2005 (Premises Licences and Provisional Statements) (Scotland) Amendment Regulations 2007 <br />(SSI 2007/332)

As members will see from their papers, these regulations have also breached the 21-day rule. The amendment made by the regulations requires to be in force as soon as possible and, in any event, before 30 July. The principal reason for the breach of the 21-day rule was an oversight in the principal regulations as to policy implementation. That is a slightly different reason from the previous one.

Are members content with the regulations and is the breach of the rule acceptable? Should we write to the Executive about the minor points identified by our legal team?

Although breaches are not particularly acceptable, the reasons are understood. However, they should not be encouraged.

Yes. I see that. I suspect that, given the changeover from one Administration to another, a few tidying acts might have to take place. Your point is fair and well made.

So, members are content.

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Vegetable Seeds Amendment (Scotland) Regulations 2007 (SSI 2007/305)

We come to instruments on which minor points arise. We have an esoteric group, which I think that we can take together.

The first is the vegetable seeds regulations. I want to talk about vegetables, because I was very interested to see the Latin names for Brussels sprouts and broccoli. I did not know that the word for lettuce in Latin is almost the same as it is in English, but I digress.

Do members have any comments on SSI 2007/319, SSI 2007/321, SSI 2007/322 and SSI 2007/325? I bet that they do not. Are members content to report to the lead committees and the Parliament that the committee is content with the instruments? [Interruption.] Oh dear. The instruments are out of order, because I have jumped a page. Oh, members, I have done it again. Tut, tut. Well done the clerks. I got the vegetable seeds one right, but it went wrong after that.

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

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Gambling Act 2005 (Fees) (Scotland) Regulations 2007 (SSI 2007/309)<br />Cattle Identification (Scotland) Amendment Regulations 2007

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(SSI 2007/312)<br />Education (Publication and Consultation Etc) (Scotland) Amendment Regulations 2007 (SSI 2007/315)

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Health Protection Agency (Scottish Health Functions) Amendment Order 2007 <br />(SSI 2007/316)<br />National Health Service (Charges for Drugs and Appliances) (Scotland) Amendment Regulations 2007<br />(SSI 2007/317)

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Adults with Incapacity (Public Guardian's Fees) (Scotland) Amendment Regulations 2007 (SSI 2007/320)<br />Sports Grounds and Sporting Events (Designation) (Scotland) Amendment Order 2007 (SSI 2007/324)

The committee agreed to raise minor points on the instruments.

I apologise to the clerk. I will improve my convening as time goes on.

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Spreadable Fats (Marketing Standards) (Scotland) Amendment Regulations 2007 (SSI 2007/303)<br />Gambling Act 2005 (Fees No 2) (Scotland) Regulations 2007 (SSI 2007/311)

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Licensing (Miscellaneous Amendments) (Scotland) Regulations 2007 (SSI 2007/313)<br />Plant Health Fees (Scotland) Amendment Regulations 2007 (SSI 2007/314)

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Sheriff Court Fees Amendment Order 2007 (SSI 2007/318)<br />Court of Session etc Fees Amendment Order 2007 (SSI 2007/319)

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High Court of Justiciary Fees Amendment Order 2007 (SSI 2007/321)<br />Discontinuance of Low Moss Prison (Scotland) Order 2007 (SSI 2007/322)

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Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007 (SSI 2007/325)

The committee agreed that no points arose on the instruments.

We might be able to break all records for the length of a meeting of this committee.