Seòmar agus comataidhean

We have a short space of time available, so I would be content for the committee to write as suggested, and then we can take the matter from there. Is that okay with everyone?

Members indicated agreement.

Under agenda item 2, we are considering seven draft instruments, on which no points have been raised.

Under agenda item 3, we are considering five instruments. An issue has been raised on the following instrument.

The Sea Fish (Conservation) Act 1967 allows the Scottish ministers to prohibit, by order, sea fishing in specified waters. The instrument reduces the size of the cod spawning closure areas in which fishing by any method is prohibited, within two areas of the Firth of Clyde, which are mapped in the schedule to the instrument. The aim is to protect cod in the Firth of Clyde from fishing mortality during the spawning period in a recognised spawning ground. The prohibition applies to British fishing boats from 14 February until 30 April during 2022 and 2023.

Under section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, instruments subject to the negative procedure are required to be laid at least 28 days before they come into force, not counting recess periods of more than four days. In correspondence with the Presiding Officer, the Scottish Government explained that it has recently reconsidered and reduced the extent of the areas for closure. As the cod closure begins on 14 February, it is necessary for the amendments to come into force on 12 February, which breaches the 28-day rule.

If members have no comments, does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in relation to its failure to lay the instrument in accordance with laying requirements under the 2010 act?

Members indicated agreement.

I believe that Mr Sweeney would like to comment on SSI 2022/26.

Is the committee content with the instruments?

Members indicated agreement.

Under agenda item 4, we are considering an instrument subject to the laid only procedure, on which no points have been raised.

Is the committee content with the instruments?

Members indicated agreement.

Welcome to the Delegated Powers and Law Reform Committee’s fifth meeting in 2022. Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent.

The first item of business is to decide whether to take item 5 in private. Is the committee content to take that item in private?

Members indicated agreement.

At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirement?

Members indicated agreement.