Delegated Powers and Law Reform Committee

Meeting date: Tuesday, November 10, 2020

Official Report 471KB pdf

European Union (Withdrawal) Act 2018: Instrument Procedure and Category

Criminal Justice (EU Exit) (Scotland) (Amendment etc) Regulations 2020 (SSI 2020/339)

Good afternoon. I welcome everyone to the 34th meeting in 2020 of the Delegated Powers and Law Reform Committee. We have received apologies from Stuart McMillan, and Tom Arthur has kindly joined us as a substitute member.

The first instrument for consideration under agenda item 1 is SSI 2020/339, which has been laid under the European Union (Withdrawal) Act 2018. The committee is looking at the instrument under the Scottish statutory instrument protocol, so we are considering the scrutiny procedure under which it has been laid and the categorisation that the Scottish Government has applied.

The instrument addresses failures of retained European Union law to operate effectively and other deficiencies in retained EU law. It has been laid under the negative procedure and has been categorised by the Scottish Government as being of low significance. Our advisers consider that, in the circumstances, the use of the negative procedure is appropriate.

Is the committee content that the appropriate scrutiny procedure has been applied?

Members indicated agreement.

The Scottish Government has categorised the instrument as being of low significance, but our advisers suggest that it should be categorised as being of medium significance under the SSI protocol.

Does the committee wish to recommend that the instrument should be categorised as being of medium significance?

Members indicated agreement.