Chamber and committees

A number of changes are still due to come into force. The industry will face changes towards the end of this week, with new export health certificates needing to be used, for example. There have been a number of changes, and transitional arrangements have been put in place in relation to border checks and controls on imports, for example. We use our connections with stakeholders and concerned businesses, and we work with our industries as much as possible, to prepare them for any changes that are coming their way, but that can be difficult.

A source of frustration has been that the goal posts have continually been moved in relation to import checks. Our exporters are being put at a specific disadvantage because they have had to be aligned, to implement checks, to satisfy all the requirements for export health certificates and to face all the other barriers, whereas imports into the UK have not faced the same barriers. The deadlines keep shifting and moving backwards, but we work with our industries as much as possible to prepare as best we can for any issues that come our way.

Yes—that is because there had been a significant policy change, which we were made aware of only at the last minute. I understand that the timing of that was not ideal.

Normally, the policy notes that accompany the SI notifications that we send to the committee explain what the instrument is looking to achieve and why Scottish ministers are content to agree that the UK does that on our behalf. Often, it saves our time and resource for the UK to do that on our behalf and with our consent. Off the top of my head, I cannot think of many other incidences where we have taken the decision that we took with the border controls instrument. I do not know whether officials have further information, but, because of the extent of the policy that was changing in that SI, we needed to be able to take the time to fully consider the ramifications, which is why we decided to bring forward our own piece of secondary legislation. Jesus Gallego will have more to add on that.

It gives us the power to introduce regulations that will help to prevent the importing of dogs with mutilations that, at the moment, are illegal right across the UK.

The Scottish Animal Welfare Commission has done work on that, too. The regulations will have a significant impact when they are introduced along with some of the measures that I have mentioned such as the minimum age at which animals can be imported, which were the subject of a recent consultation that closed in October, the results of which we are currently analysing. I hope that they will stop the importation of dogs with such mutilations.

We can already do that in Scotland through secondary legislation. We continue to look at and consider the issue. The Scottish Animal Welfare Commission has been doing work on the keeping of exotic pets, which shows that, as I have said, we already have the power to look at and control that. I should say that, in the legislation at the moment, it is not straightforward that it would be a complete ban on the keeping of primates, and I think that what the UK Government is looking to introduce through this legislation are powers that already exist in Scotland to allow us to give effect to that.

My officials might want to add to that.

Part 3 requires that regulations are subject to the affirmative procedure. If we make those regulations in Scotland, there will be an opportunity for scrutiny by the committee. If we also give consent for the secretary of state to legislate on our behalf, we will go through the usual processes for that. We intend to work with the committee and to keep you informed to ensure that scrutiny can take place.

The officials might have further information about how we arrived at those numbers.

There will always remain a concern. Even if we implement the restrictions across GB on imports of dogs, cats and ferrets—and I hope that doing so will significantly impact the illegal trade that currently takes place—we have to be cognisant that criminal enterprises and organisations tend to be behind many of those movements, and they will be looking for any avenue to get access. There will always be the threat that there could be exports or movements of animals into Northern Ireland from the EU that would then have access to Scotland. We will just have to pay close attention to that. I hope that, with all the measures that are proposed in the bill, the powers that we are given and the regulations that will come in future will have a significant impact on that trade. However, we will have to keep a close watch on that element.

Thank you for having me here to speak about the regulations. The draft instrument would amend retained European Commission regulation 589/2008 on the marketing standards for eggs with regard to checks done on imported class A eggs. At the moment, checks for class A egg marketing standards take place at the place of destination, such as egg packing centres and wholesale premises. However, for eggs imported from third countries, the retained EU regulation requires that the checks are carried out at the time of customs clearance. Given that the UK has left the EU, a greater number of checks would need to be made at the border. Therefore, the instrument would amend the regulations to enable marketing standards checks to continue to be undertaken on imported class A eggs at the place of destination, rather than at customs. The checks are and would continue to be undertaken by suitably qualified egg marketing inspectors prior to release for retail sale or mass catering.

The instrument would also enable checks on imported class A eggs to take place where resources are already established and where there is already expertise. We believe that that approach would be more efficient and practical. In reality, there are currently no imports of eggs directly into Scotland from the EU or elsewhere, other than infrequent and small quantities from the Republic of Ireland, although some eggs arrive in Scotland from the EU via English ports. For that reason, the UK and Welsh Governments are taking forward corresponding amendments for their jurisdictions.

I hope that those remarks are helpful in setting out the rationale for the draft instrument. Of course, I am happy to take any questions that committee members might have.

Highly trained inspectors undertake that work. That is also the point of the statutory instrument, because it means that we can focus our resources and that more inspections will be enabled than would happen if it was determined that they were to take place at a customs checkpoint, which would split the resources that we have and would take our inspectors away from the work that they are currently doing and the checks that they already undertake. It therefore allows us to better utilise the resource that we have at the moment. The SSI does not change any of the checks that take place; all that it does is change where they take place.

We are not looking to stop legitimate movements of animals. However, we have a significant problem when it comes to the illegal trade of puppies, in particular, that come into the country. It is important that we get the balance of measures right. That is why we are in constant discussion with various animal welfare organisations, the British Veterinary Association and the Scottish Animal Welfare Commission to look at the proposals. I think that what is proposed will significantly impact the illegal trade, which is what we want to clamp down on.