HS/S4/15/7/A HEALTH AND SPORT COMMITTEE AGENDA 7th Meeting, 2015 (Session 4) Tuesday 3 March 2015 The Committee will meet at 9.45 am in the James Clerk Maxwell Room (CR4). 1. Decision on taking business in private: The Committee will decide whether to take item 4 in private. 2. Subordinate legislation: The Committee will consider the following negative instruments— The Health and Care Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2015 (SI 2015/93) Fish Labelling (Scotland) Amendment Regulations 2015 (SSI 2015/48) National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2015 (SSI 2015/64) National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2015 (SSI 2015/65) 3. Sport – the Commonwealth Games legacy: The Committee will take evidence, in round-table format, from— Stewart Harris, Chief Executive, sportscotland; Billy Garrett, Head of Sport, Glasgow Life; Ian Murray, Chief Executive, High Life Highland; Dean Wilkinson, Sport and Physical Activity Development Manager, Edinburgh Leisure; Eamon John, Service Manager, Sport, Countryside and Leisure, East Lothian Council; Kim Atkinson, Chief Executive Officer, Scottish Sports Association. 4. Infertility treatment: The Committee will consider its approach. HS/S4/15/7/A Eugene Windsor Clerk to the Health and Sport Committee Room T3.60 The Scottish Parliament Edinburgh Tel: 0131 348 5410 Email: [email protected] HS/S4/15/7/A The papers for this meeting are as follows— Agenda Item 2 Note by the clerk HS/S4/15/7/1 Agenda Item 3 Written Submissions HS/S4/15/7/2 PRIVATE PAPER HS/S4/15/7/3 (P) Agenda Item 4 PRIVATE PAPER HS/S4/15/7/4 (P) HS/S4/15/7/1 Health and Sport Committee 7th Meeting, 2015 (Session 4), Tuesday, 3 March 2015 Subordinate Legislation Briefing Overview of instrument 1. There are four negative instruments for consideration at today’s meeting. 2. A brief explanation of the instruments, along with the comments of the Delegated Powers and Law Reform Committee, is set out below. If members have any queries or points of clarification on the instrument which they wish to have raised with the Scottish Government in advance of the meeting, please could these be passed to the Clerk to the Committee as soon as possible. Details on SI 2015/93 3. The Health and Care Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2015 (SI 2015/93) The Order amends the Health and Care Professions Council (Registration and Fees) Rules as set out in the Health and Care Professions Order of Council 2003 (S.I. 2003/1572). The Order includes additional provisions in relation to the information that the Health and Care Professions Council may require (by notice at any time) to determine whether there is appropriate cover under an indemnity arrangement in force in relation to a registrant who is practising as a member of one of the relevant professions, or person seeking registration to practise. 4. There has been no motion to annul this instrument. 5. The Delegated Powers and Law Reform Committee has not made any comments on this instrument. Details on SSI 2015/48 6. Fish Labelling (Scotland) Amendment Regulations 2015 (SSI 2015/48) This instrument will provide for the enforcement of the new EU consumer information requirements for fishery products, which require that information on the equipment used to catch the fish, the date of minimum durability (as appropriate) and a more precise definition of farmed production area or catch area for fish caught at sea, must be available to consumers at the point of retail. 7. There has been no motion to annul this instrument. 8. The Delegated Powers and Law Reform Committee has not made any comments on this instrument. 9. The policy note of the instrument is at Annexe A. Details on SSI 2015/64 1 HS/S4/15/7/1 10. National Assistance (Assessment of Resources) Amendment (Scotland) Regulations 2015 (SSI 2015/64) These Regulations amend the National Assistance (Assessment of Resources) Regulations 1992. 11. The principal Regulations concern the assessment of a person’s liability to pay for accommodation provided under the Social Work (Scotland) Act 1968 (“the 1968 Act”). By virtue of section 87(3) of the 1968 Act, accommodation provided under the 1968 Act or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 shall be regarded as accommodation provided under Part III of the National Assistance Act 1948. 12. There has been no motion to annul this instrument. 13. The Delegated Powers and Law Reform Committee has not made any comments on this instrument. Details on SSI 2015/65 14. National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2015 (SSI 2015/65) Section 22(4) of the National Assistance Act 1948 as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968 (“the 1968 Act”) requires a local authority to assume in assessing a person’s liability to pay for accommodation provided under the 1968 Act or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 that they will need for their personal requirements such sum per week as may be prescribed by regulations. 15. The National Assistance (Assessment of Resources) Regulations 1992, made under section 22(4) of the 1948 Act, prescribe the abovementioned weekly personal expenses allowance. This allowance is usually increased each April at the same time as Social Security benefits are uprated. The amount of allowance is the same for residents whether they are placed in local authority or independent sector homes. These regulations will increase the weekly rate of this allowance in line with the increase in the standard minimum guarantee of Pension Credit from £24.55 to £25.05 from 6th April 2015. 16. There has been no motion to annul this instrument. 17. The Delegated Powers and Law Reform Committee has not made any comments on this instrument. Bryan McConachie Committee Assistant 2 HS/S4/15/7/1 Annexe A: POLICY NOTE THE FISH LABELLING (SCOTLAND) AMENDMENT REGULATIONS 2015 SSI 2015 No. 48 1. The above instrument was made by the Scottish Ministers in exercise of the powers conferred by section 6(4), 16(1), 17(2), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990, paragraph 1A of Schedule 2 to the European Communities Act 1972 and all other powers enabling them to do so. 2. Policy Objectives 2. 1 This instrument will provide for the enforcement of the new EU consumer information requirements for fishery products, which require that information on the equipment used to catch the fish, the date of minimum durability (as appropriate) and a more precise definition of farmed production area or catch area for fish caught at sea, must be available to consumers at the point of retail. 2.3 The amendment, which is necessary to comply with EU obligations on member states to execute and enforce EU food law, will provide the basis for delivery of enhanced consumer information and so enable consumers to make more informed choices, including expressing a preference for fish that has been caught in a sustainable manner. Consumers will benefit from the greater certainty and clarity that the increased information will provide, and have increased confidence in the quality of the product they are purchasing, while the sustainability of fisheries worldwide could be increased in response to consumer preference. 3. Policy Background 3.1. New requirements to provide the consumer with additional information on fish and fishery products at the retail stage have been introduced throughout the EU. The new rules are included in the fourth chapter of Regulation (EU) No 1379/2013 of the European Parliament and the Council, enacted on 11 December 2013. This Regulation, together with its companion Regulation (EU) No 1380/2013 (for which Marine Scotland have policy responsibility), mandates a wholesale revision of the Common Fisheries Policy, specifically its Common Organisation of the Market (CMO) Regulation, which also covers fishing, production and marketing. Provision must be made within domestic legislation to enforce the new consumer information requirements. Government intervention is necessary to ensure that the market supplies the consumer with the required information and to maintain consistency in how this is applied throughout the industry. 3.2 The additional requirements to provide information on fishery products are: the equipment used to catch the fish the date of minimum durability (as appropriate). 3.3 Furthermore, the current requirement to provide information on where a fish has been farmed or caught will become more specific. The revised requirement is for information that satisfies a tighter definition of the country of origin of farmed fish and a more precise definition of catch area for fish caught at sea. 3.4 The EU Regulation also encourages Food Business Operators to provide additional voluntary information, provided that it is clear, unambiguous and verifiable. It suggests that information of the following types would be particularly helpful: 3 HS/S4/15/7/1 Date of catch / harvest Date of landing or information on the port of landing More details on the fishing gear Vessel's flag state Environmental information Ethical/social information Production techniques and practices Nutritional content If such information is provided on labels, there is a legal requirement to ensure that it can be verified, and to ensure that it is not displayed to the detriment of the space available for mandatory information. Local Authorities