Rural Economy and Connectivity Committee

Meeting date: Wednesday, March 10, 2021

Official Report 603KB pdf

---

Subordinate Legislation

---

Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 [Draft]

Item 2 is consideration of subordinate legislation. The committee will take evidence on one affirmative instrument: the draft Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021. The motion that seeks approval of the affirmative instrument will be considered at item 3.

I welcome, from the Scottish Government, Ben Macpherson, the Minister for Rural Affairs and the Natural Environment; Debbie Kessel, branch head of plant health policy; and Rachel Coutts, a lawyer.

I ask the minister to make a brief opening statement on the draft regulations.

Good morning, convener. I thank you and the committee for making time today to consider the draft Scottish statutory instrument.

The draft regulations amend Scottish legislation in the field of plant health, particularly provisions relating to charges for inspections of certain plant, plant product, timber and timber product consignments. It is now necessary for fees to be charged for imported consignments from European Union member states, Liechtenstein and Switzerland, according to the level of plant biosecurity risk that is posed to Scotland. The charges will now align with charges from non-European third countries. For exports, the draft regulations introduce provision to remove the fee that is paid for phytosanitary certificates on consignments of timber and timber products that leave Scotland for Northern Ireland. That will serve to support the sector.

In addition, offences are being created in relation to the type of plant passport health certificate that must be held for consignments that enter Scotland from Northern Ireland. The provisions will support compliance with plant health rules and will, therefore, protect Scotland’s plant biosecurity. Northern Ireland traders are familiar with the plant passport system.

The draft regulations are therefore necessary and appropriate. My officials and I are happy to take any questions from the committee.

Thank you, minister. The first question is from the deputy convener, Maureen Watt.

As a result of Brexit, the seed potato industry was thrown completely under the bus. I notice that potato tubers are mentioned on the list of plants and other things. Is there any way in which the draft regulations can help the lucrative and important Scottish seed potato industry to export products not only to the EU but to the rest of the world?

The very concerning situation for the seed potato industry has been a matter of attention for me—and particularly for the Cabinet Secretary for Rural Economy and Tourism, Fergus Ewing—since the Brexit deal was agreed in late December. There has been extensive dialogue, on behalf of seed potato farmers, with the industry, the UK Government and the European Commission in order to help those farmers with their situation and to promote their interests.

The draft regulations relate to the implementation process following the deal that was agreed with the European Union. As far as I am aware, there are no definitive means by which the legislation would support the situation for seed potato farmers, but it is the intention of the Government, working with others, to bring about a better scenario for them. That remains an issue of priority. I would be grateful if Debbie Kessel could come in at this point to elaborate further on the issues.

12:00  

I am happy to let her come in. If the members have read the papers that they all have, they will see that “tubers of potatoes” are specifically excluded under the amended schedule 2 on page 6 of the regulations. However, I am happy if you would like to give further confirmation of that. Having made that comment, I should remind members that I have an interest in a farming partnership in Moray, which I did not declare because there was nothing on the agenda to do with agricultural products, as far as I could see.

Potatoes are mentioned on page 9, convener.

Having been excluded on page 6—okay.

As the minister mentioned, the regulations are just regarding fees. Our concern around seed potatoes is their export to the EU and Northern Ireland. Unfortunately, the instrument does not allow us to help that situation at all.

Okay—it is on fees.

My concern in relation to the fees and inspections is around where we would put the inspectors. Would they be in Cairnryan as part of a port harbour health inspection authority? Are we concerned about any risks to the phytosanitary products that are coming into Scotland? For the fees in relation to this SSI, would we need to make sure that we had appropriate numbers of inspectors in place at specific port authorities, including the likes of Cairnryan?

For clarity, the inspections for which this legislation brings in fees are already being undertaken. A system is already in place. It is all about biosecurity—that is the absolute focus of the inspections. The provision that we are bringing in now is necessary to make sure that we are feeing as appropriate to cover the cost of inspections. As a result of the Brexit process, there has obviously been an impact on considerations concerning the border more generally in terms of imports and exports, but the inspections are already in place and the legislation before us is simply about making sure that there is appropriate feeing to cover costs.

Thank you. Is that all right, Emma? Did you get your answer?

That is fine.

There do not appear to be any more questions, so we will move to item 3, which is formal consideration of the motion. I invite the minister to move motion S5M-24145.

Motion moved,

That the Rural Economy and Connectivity Committee recommends that the Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 [draft] be approved.—[Ben Macpherson]

Motion agreed to.

That concludes our consideration of the SSI. I thank the minister and his officials for their time.

The next meeting of the committee will be on Wednesday 17 March, when the Minister for Energy, Connectivity and the Islands will give us a digital connectivity update. There will be three SSIs, three SIs—possibly more—and a discussion of our legacy paper and annual report.

That concludes our business for today. Thank you all for your attendance.

Meeting closed at 12:05.