Seòmar agus comataidhean

Under agenda item 5, we are considering six affirmative instruments. No points have been raised on the following draft instruments.

Members will note that the Plant Health (EU Exit) (Scotland) (Amendment) (No 2) Regulations 2021 were originally laid on 7 October 2021 and subsequently withdrawn and relaid following initial questions from the committee.

Is the committee content with the instruments?

Members indicated agreement.

Is the committee content with the instruments?

Members indicated agreement.

Under agenda item 6, we are considering five instruments. Issues have been raised on two of the instruments.

Members will note that the instrument was laid on Thursday 23 September 2021 and came into force the following day. Section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 requires negative instruments to be laid at least 28 days before they come into force, not counting recess periods of more than four days. That is known as the 28-day rule.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), as it has been laid less than 28 days before coming into force?

Members indicated agreement.

However, as the regulations are intended to provide access to the council tax reduction scheme on an emergency basis for those arriving from Afghanistan, is the committee also satisfied with the reasons given for the breach of the 28-day rule?

Members indicated agreement.

Again, the instrument breaches the 28-day rule, as it was laid on 28 September and came into force on 1 October.

In the Scottish Government’s letter to the Presiding Officer outlining its reasons for bringing the instrument into force so quickly, it wrote that this was due to a late announcement by the United Kingdom Government to revise the timetable for the introduction of all remaining border operating model checks that were due to commence on 1 October. Accordingly, the Scottish Government stated that, in order to avoid disruption to imports into Scotland, it was not able to comply with the 28-day rule.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), as it has been laid less than 28 days before coming into force?

Members indicated agreement.

I am content with the suggestion. It is the right thing to do. Clearly, you are correct that it is a policy matter. Are members content with that suggestion?

Members indicated agreement.

Under agenda item 7, we are considering four instruments. An issue has been raised on the following instrument.

The instrument commences section 7 of the Social Security Administration and Tribunal Membership (Scotland) Act 2020. Section 8 of the 2020 act makes transitional provision in consequence of section 7 and should be brought into force at the same time. However, the instrument does not bring section 8 into force.

Following a question from the committee, the Scottish Government acknowledged in its response, which can be read in full in meeting paper 3, that that was an oversight. The Government thanked the committee for bringing that to its attention and said that it would introduce further regulations to commence section 8. That has now been done by SSI 2021/352, which is also being considered today.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (i), on the basis that its drafting appears to be defective?

Members indicated agreement.