Continuity Act - Draft Policy Statement and Draft Annual Report - 24 November 2021
Letter from the Convener to the Cabinet Secretary for the Constitution, External Affairs and Culture - - 24 November 2021
Dear Angus,
Continuity Act - draft policy statement and draft annual report
At its meeting on 23 November 2021, the Local Government, Housing and Planning Committee considered the draft policy statement and the draft annual report on the use of keeping pace powers laid by the Scottish Government under the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021.
The Committee agreed to write to you seeking further information that it would like to see included in the draft annual report. I would be grateful if you could consider the following questions ahead of laying the draft policy statement and draft annual report.
- What monitoring of EU law and policy has been carried out by the Scottish Government in the areas covered by the Committee?
- In the policy areas covered by the Committee, whether, during the period of the report (since the UK left the EU), there have been occasions when the Scottish Government considered EU law and decided not to exercise the powers to align or keep pace with EU law.
- During the reporting period, did the Scottish Government ensure continued alignment with EU law in policy areas covered by the Committee using other legislative vehicles such as primary legislation?
- An update on the benefits of maintaining pace with European law in the policy areas covered by the Committee.
- COSLA noted the provisions in the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 on consultation with local government in terms of the keeping pace powers. It stated “despite some initial conversations at officer level last year, this has not led to joint work to develop the specifics of the consultation arrangements with Local Government through COSLA”. The Committee requests an update on why consultation with local government has not taken place in the development of this draft policy statement and annual report and when work to develop consultation arrangements will begin.
The Committee looks forward to you setting out how you have had regard to these questions when laying the policy statement and the annual report in Parliament.
On behalf of the Committee I look forward to receiving a response to these questions when the draft policy statement and draft annual report are laid in Parliament as required by the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2001.
Yours sincerely
Ariane Burgess
Convener, Local Government, Housing and Planning Committee