Rural Affairs, Islands and Natural Environment Committee

Meeting date: Wednesday, November 10, 2021

Official Report 581KB pdf

European Union (Withdrawal) Act 2018

Waste and Agriculture (Legislative Functions) Regulations 2021

We come to agenda item 4, on the European Union (Withdrawal) Act 2018. I refer members to papers 5 and 6. The committee will consider a proposal by the Scottish Government to consent to the UK Government legislating using the powers under the act in relation to the Waste and Agriculture (Legislative Functions) Regulations 2021, which is a UK statutory instrument. As this SI notification cuts across a number of policy areas and addresses legislative deficiencies across three ministerial portfolios, this committee will focus only on the agricultural legislative functions of the provisions. The other functions are being considered by the Net Zero, Energy and Transport Committee and the Local Government, Housing and Planning Committee.

Under the protocol between the Scottish Parliament and Scottish Government, the consent notification has been categorised as type 1, meaning that the Scottish Parliament’s agreement is sought before the Scottish Government gives consent to the UK Government making secondary legislation in areas of devolved competence.

As no member has indicated that they wish to raise an issue with the consent notification, is the committee content that the agricultural provision set out in the notification should be included in a UK SI?

Members indicated agreement.

Is the committee content to delegate authority to me to sign off a letter to the Scottish Government, informing it of our decision today, and to confirm that no Scottish statutory instruments were made under the defective power that the SI seeks to correct?

Members indicated agreement.