Rural Affairs and Islands Committee
UK subordinate legislation – The Phytosanitary Conditions (Amendment) Regulations 2022
Letter to the Convener from Lorna Slater, Minister for Green Skills, Circular Economy and Biodiversity, 21 December 2021
Dear Mr Carson
EU exit legislation - protocol 2 with Scottish Parliament
The Phytosanitary Conditions (Amendment) Regulations 2022- “PH/36”
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 former 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.
I attach Type 1 notification which sets out the details of the SI which the UK Government propose to make and the reasons why I am content that Scottish devolved matters are to be included in this SI. Please note, we are yet to have sight of the final SI and it is 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.
On current Defra plans, PH/36 is being laid on a negative basis on 8 February 2022, and I am pleased to advise, on this occasion, the Scottish Parliament will have 28 days to consider this notification.
I am copying this letter to the Convener of committee of the Delegated Powers and Law Reform.
I look forward to hearing from you in due course.
Kind regards
Lorna Slater
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