Seòmar agus comataidhean

Welcome to the Delegated Powers and Law Reform Committee’s 10th meeting in session 6. Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent. As we are meeting both in the Parliament and online, I appreciate that it will be more challenging for members appearing online to indicate agreement to the items that are discussed. I therefore ask for members who are appearing remotely to raise their hand if they are not content when any question is put.

The first item of business is to decide whether to take items 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

The instrument makes provision for a scheme to grant aid for the private storage of pigmeat and specifies the criteria for payment, the procedure for applications and by when those must be made. The scheme is designed to avoid the need for the culling of pigs on farms and the financial loss to farmers as a result.

The instrument breaches section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which requires that negative instruments are laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument was laid on 5 November 2021 and came into force on 8 November 2021. The Scottish Government has written to the Presiding Officer to explain why the 28-day rule has not been complied with.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), on the basis that there was a failure to lay the instrument in accordance with the laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010?

Members indicated agreement.

No points have been raised on the instrument. Is the committee content with it?

Members indicated agreement.

Under agenda item 6, we are considering five negative instruments. Issues have been raised on the following instrument.

With regard to SSI 2021/383, we have just welcomed that it corrects the error in SSI 2021/354.

Is the committee content with the instruments?

Members indicated agreement.

Under agenda item 7, we are considering two instruments that are not subject to procedure. No points have been raised on the following instruments.

Does the committee wish to welcome the fact that SSI 2021/386 fulfils a commitment that was given by the Scottish Government to rectify a numbering error that the session 5 Delegated Powers and Law Reform Committee highlighted at its meeting on 19 January 2021 with respect to the Lands Tribunal for Scotland (Miscellaneous Amendments) Rules 2020 (SSI 2020/433)?

Members indicated agreement.

Does the committee also wish to call on the Scottish Government to clarify the matter at the next legislative opportunity?

Members indicated agreement.

The instrument amends definitions, references and expressions related to European Union law in the Storage of Carbon Dioxide (Licensing etc) (Scotland) Regulations 2011 that require updating or correction following the United Kingdom’s withdrawal from the EU. The amendments are minor and technical in nature.

The committee wrote to the Scottish Government to ask whether regulation 8 of the instrument contained an error in respect of references to certain EU law applying, as they had effect immediately before the implementation period completion day. The Scottish Government, in its response, said that it was grateful to the committee for highlighting the error and that SSI 2021/383, which the committee is also considering under this agenda item, has since been laid to correct that. The correcting instrument will come into force on Tuesday 30 November, which is a day before the provision containing the error will come into force.

Full details of the error in regulation 8 can be found in the correspondence between the committee and the Scottish Government. The correspondence is included in paper 4 for the meeting, which can be found in the agenda on the committee’s website.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), on the basis that the meaning of regulation 8, as outlined in correspondence with the Scottish Government, could be clearer?

Members indicated agreement.

Does the committee also wish to welcome that the Scottish Government has acknowledged that this was a drafting error and that a correcting instrument has been laid that will correct the error before it would have come into force?

Members indicated agreement.