Chamber and committees

Letter from the Minister for Green Skills Circular Economy and Biodiversity in relation to letter H's

Letter to the Convener from the Minister for Green Skills, Circular Economy and Biodiversity, Lorna Slater, 24 November 2021

Dear Finlay

EU EXIT LEGISLATION – PROTOCOL WITH SCOTTISH PARLIAMENT

It has come to my attention that the final process (known as letter H’s) for three GB wide SI’s has not been completed. Please accept my apologies for this oversight. I have been assured by my officals that any future letter H’s will be sent to you in a timely manner and in accordance with the revised guidance in Protocol 2. All three GB wide SI’s were considered and consent granted by the then Rural Economy and Connectivity Committee.

THE PLANT HEALTH (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2020 – PH/05

These Regulations were laid in draft on 15 October 2020. The Scottish Parliament agreed on 4 November 2020 that it was content for Scottish Ministers to give their consent to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 including Scottish devolved matters, as set out in the notification to the Parliament.

It was subsequently withdrawn and re-laid in draft. The second draft was made on 10 December 2020 under the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018. I can now confirm that this SI varies in some respects from the original proposal. The draft SI was named the Plant Health (Amendment) (EU Exit) Regulations 2020 when consent was granted. This was subsequently changed to the Plant Health (Amendment etc.) (EU Exit) Regulations 2020. Minor corrections were made for accuracy and clarity. These corrections do not involve any policy changes and the variation is not so significant as to need any further process.

The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020, made on 21 December 2020, amended the Plant Health (Amendment etc.) (EU Exit) Regulations 2020 to change the coming into force date of some provisions contained in that instrument from IP completion day to the day after IP completion day. The notification for the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 was sent to the Scottish Parliament on 14 December 2020.

THE PLANT HEALTH (PHYTOSANITARY CONDITIONS) (AMENDMENT) (EU EXIT) REGULATIONS 2020 – PH/06

These Regulatins were laid in draft on 15 October 2020. The Scottish Parliament agreed on 4 November 2020 that it was content for Scottish Ministers to give their consent to the Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 including Scottish devolved matters, as set out in the notification to the Parliament.

It was subsequently withdrawn and re-laid in draft. The second draft was made on 9 December 2020 under the powers conferred by 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018. I can now confirm that this SI varies in some respects from the original proposal. The draft SI was named the Plant Health (Amendment) (No. 2) (EU Exit) Regulations 2020 when consent was granted. This was subsequently changed to the Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020. Minor corrections were made for accuracy and clarity. These corrections do not involve any policy changes and the variation is not so significant as to need any further process.

The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020, made on 21 December 2020, amended the Plant Health (Phytosanitary Conditions) (Amendment) (EU Exit) Regulations 2020 to change the coming into force date of some provisions contained in that instrument from IP completion day to the day after IP completion day. The notification for the Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 was sent to the Scottish Parliament on 14 December 2020.

THE PLANT HEALTH (AMENDMENT) (EU EXIT) REGULATIONS 2021 – APH/21

These Regulations were laid in draft on 9 December 2020. The Scottish Parliament agreed on 16 December 2020 that it was content for Scottish Ministers to give their consent to the Plant Health (Amendment) (EU Exit) Regulations 2021 including Scottish devolved matters, as set out in the notification to the Parliament.

It was made on 26 January 2021 under the powers conferred by sections 8(1) and 8C of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 and came into force on 27 January 2021. The draft SI was named the Plant Health (Amendment) (EU Exit) Regulations 2020 when consent was granted. I can now confirm that this SI is consistent with the consent granted, other than the change in name to the Plant Health (Amendment) (EU Exit) Regulations 2021.

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

Kind regards

Lorna Slater