Rural Affairs and Islands Committee
UK subordinate legislation - The Ivory Prohibitions (Civil Sanctions) Regulations
Letter from the Minister for Environment and Land Reform, Màiri McAllan, to the Convener, 7 February 2022
Dear Finlay
THE IVORY PROHIBITIONS (CIVIL SANCTIONS) REGULATIONS) 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 and within the competence of the EU at exit day. We consider it appropriate to notify this SI as it is likely that the subject matter was within the competence of the EU at exit day.
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 SI and it is 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.
This SI makes detailed provision for civil sanctions, including monetary penalties and enforcement arrangements in regards to the Ivory Act 2018 alongside appeal functions to be heard at the UK First Tier Tribunal.
Defra are planning to lay this SI on 16 March 2022.
I am copying this letter to the Convener of the Delegated Powers and Law Reform Committee.
I look forward to hearing from you.
Yours sincerely,
Màiri McAllan
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