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Consideration of EU Exit Legislation

Letter from the Convener to the Cabinet Secretary for Rural Affairs and Islands, Mairi Gougeon, 11 October 2021

Dear Cabinet Secretary,

At its meeting on 6 October 2021, the Committee considered two negative SSIs (one laid under powers set out in the European Union Withdrawal Act 2018), and five UK SI consent notifications. Details of the Committee’s consideration and requests for additional information are below:

SI notifications (real time)

• The Committee is content for the Scottish Government to give consent to UK Ministers making regulations on its behalf in relation to the following SIs:
• The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2021;
• The Animal Health, Plant Health, Seeds and Seed Potatoes (Miscellaneous Amendments) Regulations 2021

SI notifications (past)

• As these instruments have been made, the Committee noted the decision by Scottish Ministers for consent to be given to:
• The Trade and Official Controls (Transitional Arrangements for Prior Notifications) (Amendment) Regulations 2021;
• The Official Controls (Temporary Measures) (Coronavirus) (Amendment) (No.2) Regulations 2021; and
• The Official Controls (Extension of Transitional Periods) Regulations 2021.

In noting the decision, the Committee agreed I should write to ask for more information about the Scottish and UK Government’s longer-term plans for import checks on plant and animal products as a consequence of EU exit.

These retrospective SIs are related to the SSI (detailed on next page) regarding a ‘transitional staging period’ for import checks following the UK’s exit from the EU. The Committee is aware that the UK and Scottish Government’s approach has been to phase in certain import checks on plant and animal products over a period of several months since the end of the Implementation Period on 31 December 2020, and make derogations during this period.

However, each time the end of the initial transition periods has approached, they have subsequently been extended. Therefore, the Committee would like you to clarify the following:

1. What is the Scottish Government’s position on the UK Government’s most recent announcements and if/when it is likely to see further SI notifications or SSIs implementing additional delays? If this information is not yet available, I ask you write to the Committee at an early opportunity, advising of further instruments and setting them in the context of these broader changes.
2. What is the Scottish Government’s readiness of Border Control Posts, IT systems and trader preparedness at this point in time? Can you assure the Committee that infrastructure and industry are expected to be ready in line with the most recent timeline?

Negative SSI

As previously mentioned, the Committee agreed that no points arose for the Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) Regulations 2021, which is related to the above SIs.

The Committee agreed to ask, however, why the policy note states the Scottish Government considers the provision (checks at place of destination) is “no longer appropriate and insufficiently flexible” as a transitional arrangement given the extension of the transitional staging period.

The Committee would be grateful for an explanation as to why the Scottish Government came to this view.

As the Committee will be considering another ‘Transitional Staging Period’ SSI (SSI 2021/342) on 10 November, I would be grateful for a response before this date.

Yours sincerely

Finlay Carson, Convener of the Rural Affairs, Islands and Natural Environment Committee