Seòmar agus comataidhean

Turning to the two drafting errors in SSI 2021/249, I note that there are incorrect references in regulations 20(3)(h) and 77(1). The full detail of those errors is in the published paper that lists all the correspondence with the Scottish Government. Does the committee wish to draw the regulations to the Parliament’s attention on the general reporting ground, in respect of those drafting errors?

Members indicated agreement.

Although the committee might recognise the necessity for breach of the 28-day rule in this instance, does it wish to add in its report that it considers the circumstances of the breach to be unsatisfactory and to emphasise that the Scottish Government should normally comply with the laying requirements in order to facilitate timely parliamentary scrutiny of such important policy choices?

Members indicated agreement.

An issue has been raised on SSI 2021/274, which makes a number of amendments to the Milk and Healthy Snack Scheme (Scotland) Regulations 2021 (SSI 2021/82). The amendment regulations were laid on 28 July 2021 and came into force on the following day, so they are clearly in breach of the 28-day rule.

A letter from the Scottish Government to the Presiding Officer explains that there was a need to bring the regulations into force with immediate effect in order to enable local authorities to make payments for the launch of the Scottish milk and healthy snack scheme on 1 August 2021. This is the second amending instrument that we are considering that has breached the 28-day rule. The instrument makes provision for the basis for the calculation of payments under the scheme, which is an important aspect of its operation.

Does the committee wish to draw the instrument to the Parliament’s attention on reporting ground (j), as it was laid less than 28 days before it came into force?

Members indicated agreement.

In relation to SSI 2021/275, the committee may wish to welcome the fact that, shortly after the regulations came into force during the parliamentary recess, the Scottish Government corrected a referencing error in regulation 3 by amendment in SSI 2021/278.

Is the committee content with the instruments?

Members indicated agreement.

Does the committee wish to welcome that the Scottish Government intends to introduce an amending SSI to correct those errors before the regulations come into force on 1 April 2022?

Members indicated agreement.

Good morning and welcome to the second meeting in session 6 of the Delegated Powers and Law Reform Committee. I hope that all members were able to get a break over the summer. Before we move to the first item on the agenda, I remind everyone present to switch mobile phones to silent mode.

Agenda item 1 is a decision on whether to take item 6 in private. Is the committee content to do that?

Members indicated agreement.

No points have been raised on the remaining instruments under this agenda item.

Is the committee content with the draft orders?

Members indicated agreement.

Agenda item 5 is consideration of two instruments that are not subject to parliamentary procedure and on which no points have been raised.

We will have the minister in front of the committee in a couple of weeks’ time, so we will be able to raise the point directly with him then.