Rural Economy and Connectivity Committee

Meeting date: Wednesday, February 27, 2019

Official Report 455KB pdf

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Subordinate Legislation

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Aquatic Animal Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/9)

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Fertilisers and Pesticides (EU Exit) (Scotland) (Miscellaneous Amendments etc) Regulations 2019 (SSI 2019/25)

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Fisheries (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/24)

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Animal Welfare (EU Exit) (Scotland) (Amendment) Regulations 2019 (SSI 2019/34)

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Plant Health (Import Inspection Fees) (Scotland) Amendment Regulations 2019 (SSI 2019/28)

Agenda item 2 is the consideration of five negative instruments, in relation to which no motions to annul have been received. Do members have any comments?

I do not oppose any of the instruments, but I have some questions about SSI 2019/24 that the committee might consider putting to the Government.

I note that there is a commencement provision in regulation 1, under which parts 1 and 2 of the regulations will come into force on 28 March 2019. That is one day before the date on which the United Kingdom expects to leave the European Union. I would like to know whether, if the exit date were to change, that would have a consequence for the regulations. I cannot see one, but I think that that is a proper question to ask.

Regulation 1 goes on to say:

“Parts 3 and 4 come into force on exit day.”

That is fair enough—that is whatever day it is. However, there are other parts of the regulations, about the commencement of which nothing is said. I would like to be confident about when the regulations from regulation 5 onwards will come into force.

Regulation 4 is about reporting requirements. It amends the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010. Essentially, regulation 4(2)(a)(vii) will keep EU vessels as a separate category from non-EU and non-UK vessels. I wonder why the provision has been constructed in that way. I accept that, according to the advice from the legal eagles, the effect of the instrument will be to leave things the same, but I would like confirmation that the way in which that provision has been constructed will not introduce a little difference from what I think that the fishermen, in particular, and any of us might expect.

However, SSI 2019/24 is a deeply technical instrument, and I do not confess to having got my mind around every part of it—hence my questions.

As no one else has any comments, I suggest that we write to the Scottish Government to seek clarification on the issues that Stewart Stevenson has raised to do with commencement dates and the definition of the nationality of vessels.

Those separate issues aside, does the committee agree that it does not want to make any recommendations in relation to the instruments?

Members indicated agreement.