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UK subordinate legislation - The Official Controls (Temporary Measures) (Coronavirus) (Amendment) (No. 3) Regulations 2021

Letter to the Convener from the Cabinet Secretary for Rural Affairs and Islands, Mairi Gougeon, 23 December 2021

Dear Finlay,

THE OFFICIAL CONTROLS (TEMPORARY MEASURES) (CORONAVIRUS (AMENDMENT) (NO.3) REGULATIONS 2021 (“The SI”)

EU EXIT LEGISLATION – PROTOCOL WITH SCOTTISH PARLIAMENT

I am writing in relation to the protocol on obtaining the approval of the Scottish Parliament to proposals by the Scottish Ministers to consent to the making of UK secondary legislation affecting devolved areas arising from EU Exit.

That protocol, as agreed between the Scottish Government and then Parliament, accompanied the letter from the then Cabinet Secretary for Government Business and Constitutional Relations, Michael Russell MSP, to the Conveners of the Finance & Constitution and Delegated Powers and Law Reform Committees on 4 November 2020 and replaced the previous protocol that was put in place in 2018.

I attach a Type 1 notification which sets out the details of the SI which the UK Government propose to make and the reasons why I am content that Scottish devolved matters are to be included in this SI. Please note, we are yet to have sight of the final SIs and they are not available in the public domain at this stage. We will, in accordance with the protocol, advise you when the final SI is laid and advise you as to whether the final SI is in keeping with the terms of this notification.

It is the intention that this SI will be laid on 29 December 2021, with the legislation due to come into force on 30 December 2021. It should also be noted that the rapid emergence and transmission of the Omicron variant of coronavirus in the last few weeks and the associated ongoing uncertainty in relation to the immediate and longer-term impacts thereof has precipitated the decision that the period during which the current easements are to apply requires to be extended further beyond the current end date of 31 December 2021. Against this background the Scottish Government was unable to comply with the requirement that members should have 28 days for scrutiny before the instrument was laid.

I am copying this letter to the Convener of the Delegated Powers and Law Reform Committee.

I look forward to hearing from you at your earliest convenience.

Yours sincerely,

Mairi Gougeon