Chamber and committees

UK subordinate legislation - The Organics (Derogations) (Amendment) Regulations 2022

Letter from the Cabinet Secretary for Rural Affairs and Islands. Mairi Gougeon, to the Convener, 7 February 2022

Dear Finlay,

THE ORGANICS (DEROGATIONS) (AMENDMENT) REGULATIONS 2022

EU EXIT LEGISLATION – PROTOCOL WITH SCOTTISH PARLIAMENT

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 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 a 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.

The purpose of this instrument is to make technical amendments to retained European Union (EU) legislation to extend derogations to allow specific non-organic alternatives for pullets and Gellan gum if such organic substances or organically-reared livestock are not available on the market. The current derogations have expired and this instrument is to remedy that situation.

As noted in previous advice on proposed regulations to fix deficiencies in the organics legislation (e.g. AG/034 The Organic (Amendment) Regulations 2021), the development of policy on organics has been aligned to date between Defra and the devolved administrations. There are economic and practical benefits to that continuing and the proposed regulations permit a regime on a GB wide basis to address that scenario.

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

I look forward to hearing from you by 16 March 2022.

Yours sincerely,

Mairi Gougeon

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