Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2018
We move on to agenda item 2, which is our first consideration of a proposal by the Scottish Government to consent to the United Kingdom Government legislating using the powers under the European Union (Withdrawal) Act 2018 in relation to a UK statutory instrument.
Colleagues will have seen the paper by the clerks, which sets out the protocol that is in place between the Scottish Parliament and the Scottish Government on obtaining the Scottish Parliament’s approval for the exercise of powers by UK ministers under the withdrawal act in relation to proposals that fall within the legislative competence of the Scottish Parliament.
The provisions in the regulations, to the extent that they are within devolved competence, are considered by ministers to fall within category A as described in the protocol—in other words, they are relatively minor and largely technical in detail. What is exceptional is that the UK Government proposes to lay the regulations on 10 October. It is keen to do that in order to provide sufficient lead-in time for all concerned. With our October recess starting on 6 October, the Scottish Government is, as an exception, seeking approval to proceed within a shorter timescale than the 28-day period that is outlined in our protocol.
The paper invites the committee to consider the notification from the Scottish Government and to decide whether we are content for the Scottish Government to give consent to UK ministers in the way described. Do members have any views on the matter that they wish to raise?
I am content.
I have a question about the timing. I am more than willing to accept that the UK Government wants to do this to give as much lead-in time as possible, but I am more concerned about why, given that it is more than two years since the referendum, it has taken this long to do it and we are having to do it in a truncated process. The paper says that the Scottish Government has to
“ensure that the UK Government is aware of Scottish Parliament recess periods”.
It is a fairly obvious question, but can I just check that that has been done? Is the UK Government aware of our recess periods?
Yes, indeed.
It is less than satisfactory that it has taken this long for the matter to come to us.
I may be the only smoker here, but I note that on page 5 of the paper, it mentions that one effect is
“to decrease maximum emission levels”.
That seems to be more than just technical. I presume that it could have an impact on stakeholders and producers. I should declare an interest, as a company in my constituency produces the filters and packaging for cigarettes, which is its only business.
I do not know enough about this, so I am just asking the question. Is that possible change more than a technical or minor one? I understand the stuff about advertising, packaging and so on, but “maximum emission levels” seems to be a different thing.
In the sense of substituting for existing regulations, “minor and technical” would apply. However, we have enough time to take evidence on the matter next week if you wish to get to the bottom of that and be clear about whether it is a change in substance.
It depends on how the committee feels. Maybe the question can be answered now.
The other thing that I am wondering is what will happen to the powers if this is agreed but, for whatever reason, Brexit does not happen, or at least does not happen on schedule? Would the powers just not be used?
Yes. My reading of it is that they will come in at the point when the EU regulations cease to apply.
And only then?
Yes. That is my understanding.
Members may think that the proposal is late, but it is the first one that we have had. Members should be aware that we might have quite a lot of regulations coming through over the next few months. The decision that we make about this one—which is, I think, the only one that we will see before the October recess—is a stand-alone decision, but we will have to think carefully about how closely we wish to interrogate other matters that come before us, because after October there could be quite a lot of regulations coming quite quickly.
Do members feel the need to explore the matter further before giving assent? We can certainly do that if members are keen.
No.
If members are happy to do so, we will indicate to the Scottish Government that we are content.
Members indicated agreement.
We should record that we accept its assurance about the truncated timescale and that we expect it to hold to its commitment that this is exceptional and will not become standard. We want to see such proposals with enough time to take evidence, should we so wish. In relation to what comes before the committee, that is the Scottish Government’s responsibility, although there are clearly back stories to all of that as well.
We will notify the Scottish Government accordingly and let it know that we are content for it to proceed as described.
12:10 Meeting continued in private until 12:15.