Chamber and committees

No points have been raised on the draft instrument. Members will note that a draft of the instrument was originally laid on 2 November 2021. It was subsequently withdrawn and relaid on 10 November, following initial questions from the committee.

Is the committee content with the instrument?

Members indicated agreement.

The instrument includes amendments to the thresholds that apply in the field of public procurement that are specified in a number of procurement Scottish statutory instruments. The amendments are made in accordance with the United Kingdom’s international obligations under the agreement on Government procurement, the GPA.

The committee wrote to the Scottish Government to draw its attention to a cross-referencing error in regulation 3(5). In its response, the Scottish Government agreed that it was an error and confirmed that a corrective instrument has been drafted and will be laid in early course. The Scottish Government also highlighted that an incorrect threshold appears in one of the financial thresholds that are amended by the instrument and that the corrective instrument will also rectify that error.

Full details of the error in regulation 3 can be found in the correspondence between the committee and the Scottish Government. The correspondence is included as paper 2 for this meeting, which can be found in the agenda on the committee’s website.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground, on the basis that, first, regulation 3(5) refers to

“Part 2 of Schedule 2”

to the Public Contracts (Scotland) Regulations 2015 but should instead refer to “Part 2 of Schedule 1”; and secondly, that regulation 4(2)(b) refers to “£462,955” but should instead refer to “£426,955”? Does the committee also wish to welcome the fact that the Scottish Government will lay an amending instrument in early course to rectify those errors?

Members indicated agreement.

Also under this item, no points have been raised on the following instrument.

Welcome to the Delegated Powers and Law Reform Committee’s 10th meeting in session 6. Before we move to the first item on the agenda, I remind everyone present to switch their mobile phones to silent. As we are meeting both in the Parliament and online, I appreciate that it will be more challenging for members appearing online to indicate agreement to the items that are discussed. I therefore ask for members who are appearing remotely to raise their hand if they are not content when any question is put.

The first item of business is to decide whether to take items 5 and 6 in private. Is the committee content to take those items in private?

Members indicated agreement.

The instrument makes provision for a scheme to grant aid for the private storage of pigmeat and specifies the criteria for payment, the procedure for applications and by when those must be made. The scheme is designed to avoid the need for the culling of pigs on farms and the financial loss to farmers as a result.

The instrument breaches section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, which requires that negative instruments are laid at least 28 days before they come into force, not counting recess periods of more than four days. The instrument was laid on 5 November 2021 and came into force on 8 November 2021. The Scottish Government has written to the Presiding Officer to explain why the 28-day rule has not been complied with.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), on the basis that there was a failure to lay the instrument in accordance with the laying requirements under the Interpretation and Legislative Reform (Scotland) Act 2010?

Members indicated agreement.

No points have been raised on the instrument. Is the committee content with it?

Members indicated agreement.

Under agenda item 6, we are considering five negative instruments. Issues have been raised on the following instrument.

With regard to SSI 2021/383, we have just welcomed that it corrects the error in SSI 2021/354.

Is the committee content with the instruments?

Members indicated agreement.

Under agenda item 7, we are considering two instruments that are not subject to procedure. No points have been raised on the following instruments.

Does the committee wish to welcome the fact that SSI 2021/386 fulfils a commitment that was given by the Scottish Government to rectify a numbering error that the session 5 Delegated Powers and Law Reform Committee highlighted at its meeting on 19 January 2021 with respect to the Lands Tribunal for Scotland (Miscellaneous Amendments) Rules 2020 (SSI 2020/433)?

Members indicated agreement.