Chamber and committees

The UK Statstics Amendnent etc EU Exit Regulations 2021

Letter from the Deputy First Minister and Cabinet Secretary for Covid Recovery to the Convener, 19 August 2021

Dear Clare,

The UK Statistics (Amendment Etc.) (EU Exit) Regulations 2021

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 arising from EU Exit.

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.

The UK Government is proposing to make above named regulations to ensure the continued operability of regulations which relate to EU legislation relating to UK statistics (outlined in the attached type 1 notification). The proposed changes are technical in nature. The UK Government state they consider they are limited to preserving the effective functioning of the UK statistical system, which is currently governed and implemented on a UK-wide basis with devolved administrations responsible for meeting their obligations for EU Statistics Regulations for areas that are under their competence. As the changes are technical, and maintain the desired arrangements as part of the statistical system which currently operates in EU areas, the Scottish Ministers would as a matter of policy be content to consent to the Regulations, to provide technical fixes to UK legislation to ensure a functioning statute book on exit from the EU.

Please note, we are yet to have sight of the final SIs and they are 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.

Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016.

I am copying this letter to the Convener of the Delegated Powers and Law Reform Committee.

I look forward to hearing from you by 28 September.

John Swinney