Chamber and committees

In relation to EU law?

That is part of the problem with the retained EU law bill, because so much of it is relevant to the agriculture and islands portfolio, in particular, to this committee and to the Net Zero, Energy and Transport Committee. To quantify that, you will, no doubt, be aware of the response of Food Standards Scotland to the publication of that bill. It would be a massive undertaking if we had to replace retained EU law in that area, because the timescale for that is the end of December next year.

Yes—that is no problem, convener.

I go back to what I said earlier: the common frameworks in themselves will not address that problem, because it is about the mechanism that we are dealing with. If we take a different position from that of the UK Government, it is about how we manage that divergence and what it might look like, and how we consider the implications of that. It does not replace our normal process of policy development or engagement with stakeholders.

What Rachael Hamilton describes is an issue that I encounter in the round, across my portfolio. We deal with stakeholders who have different, and sometimes very polarised, views. We have to listen to those views—that is part of my role and responsibility—and determine how we are going to take a policy forward. The common frameworks in themselves do not replace that process.

With regard to the process for exclusions, it is important that we learn lessons. As George Burgess said, the single-use plastics exclusion was the first time that we had been through the process and really tested the waters. I think that it is fair to say that the issue was more on the UK Government’s side. When it brought the regulations forward, there was a gap in their implementation and the regulations were narrower in scope than what we had had. Again, all that we can do is learn the lessons from how that example was taken through as we look to deal with similar issues in the future.

Euan Page will come in on that point.

We have had more powers in relation to our decision making as a result of what has flowed through following our leaving the EU. However, the common frameworks, in and of themselves, do not give us more powers; they set out a way for us to collaborate and work with each other in managing policy divergence. I hope that that makes sense and answers your question.

I would be happy to come back to the committee if I think of specific examples of that. As I have said, the frameworks build on existing models where we have strong collaboration. That is evident in the framework on animal health and welfare. We work with a number of groups because, when it comes to animal health, diseases do not respect borders. It is important that we work together and that we have cross-collaboration.

If there are further examples that could be provided, I would be happy to follow up on that with the committee—unless George Burgess has any examples that he can give.

The development of the common frameworks has been a really positive piece of work. I know that I will be coming back to the committee in relation to the joint fisheries statement. That example shows that we can work together well.

It is just frustrating—I am thinking of some of the examples that I gave earlier—when the process is undermined or not quite adhered to. If all four Governments commit to the process and adhere to it, it can offer a positive model of co-operation and collaboration between Governments, which could be used more widely across different areas.

It absolutely is. It might be helpful if George Burgess talked about particular examples and how we have managed them. I talked about the Genetic Technology (Precision Breeding) Bill, which is, unfortunately, an example of the common frameworks process being bypassed. We are working through that issue, because there could be divergence and an impact on us, in Scotland, which we must try to manage. George Burgess can give you more detail.

I am happy to pass that question to Euan Page, who will be able to provide more information on that.

I am willing to be corrected if I am wrong, but I think that that may have had an impact in relation to notification to us or the Parliament of statutory instruments in that regard. We have flagged that to the committee previously and we will continue to raise it with the UK Government. That is where we see one of the main impacts.