REC/S5/19/32/A RURAL ECONOMY AND CONNECTIVITY COMMITTEE AGENDA 32nd Meeting, 2019 (Session 5) Wednesday 20 November 2019 The Committee will meet at 10.00 am in the Mary Fairfax Somerville Room (CR2). 1. Decision on taking business in private: The Committee will decide whether to take item 6 in private. 2. Agriculture (Retained EU Law and Data) (Scotland) Bill: The Committee will take evidence on the Bill at Stage 1 from— Dr John Kerr, Head of Agriculture Policy Division, Dr George Burgess, Deputy Director of Food and Drink, Ally McAlpine, Senior Statistician, Rural and Environment Science and Analytical Services (RESAS), Vicky Dunlop, Branch Head/Team Leader, Agriculture (Retained EU Law and Data) (Scotland) Bill, and Andy Crawley, Lawyer, Scottish Government Legal Directorate (SGLD), Scottish Government. 3. European Union (Withdrawal) Act 2018: The Committee will consider whether the following instruments have been laid under the appropriate procedure— Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019. 4. Subordinate legislation: The Committee will consider the following negative instruments— Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019; The Fishing Boats Designation (EU Exit) (Scotland) Order 2019. 5. Agriculture (Retained EU Law and Data) (Scotland) Bill (in private): The Committee will review the evidence heard at today's meeting. REC/S5/19/32/A 6. Proposed National Islands Plan: The Committee will consider a draft letter to the Scottish Government. 7. Pre-Budget/Financial scrutiny on roads maintenance in Scotland (in private): The Committee will consider a draft letter on its pre-budget/financial scrutiny on roads maintenance in Scotland. Steve Farrell Clerk to the Rural Economy and Connectivity Committee Room T3.60 The Scottish Parliament Edinburgh Tel: 0131 348 5211 Email: [email protected] REC/S5/19/32/A The papers for this meeting are as follows— Agenda Item 2 Cover note REC/S5/19/32/1 PRIVATE PAPER REC/S5/19/32/2 (P) Agenda Item 3 Note by the Clerk REC/S5/19/32/3 PRIVATE PAPER REC/S5/19/32/4 (P) Agenda Item 4 Note by the Clerk REC/S5/19/32/5 Agenda Item 6 PRIVATE PAPER REC/S5/19/32/6 (P) Agenda Item 7 PRIVATE PAPER REC/S5/19/32/7 (P) REC/S5/19/32/1 Rural Economy and Connectivity Committee 32nd Meeting, 2019 (Session 5), Wednesday, 20 November 2019 Agriculture (Retained EU Law and Data) (Scotland Bill) Background 1. The Bill was introduced to the Parliament by Fergus Ewing, Cabinet Secretary for the Rural Economy on 6 November 2019. The Bill has been referred to the Rural Economy and Connectivity Committee as lead committee at Stage 1. Purpose of the Bill 2. The Bill is intended to provide the Scottish Ministers with regulation-making powers to amend or replace the European Union (EU) Common Agricultural Policy (CAP) elements of retained EU law in Scotland, and to provide new powers for the collection of agricultural data. 3. Further information on the Bill can be found on the Parliament’s website. Committee scrutiny 4. The Committee will take evidence from the Scottish Government Bill team at this meeting. 5. The Committee also plans to take evidence from the responsible Scottish Government Minister as well as representatives of the agriculture industry and wider agricultural sector interests and organisations representing non- industry, research and data interests. 6. The Committee has issued a call for evidence on 15 November 2019 on the Bill, which will run until 3 January 2020. Rural Economy and Connectivity Committee Clerks November 2019 1 REC/S5/19/32/3 Rural Economy and Connectivity Committee 32nd Meeting, 2019 (Session 5), Wednesday 20 November 2019 Subordinate legislation - EU exit Introduction 1. This paper provides background information on the following EU exit- related Scottish statutory instrument: • Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019. 2. The Committee is invited to— • consider whether it is content that the parliamentary procedure given to the instrument by the Scottish Government is appropriate; and, if so, • to agree to consider the instrument in the next agenda item in the usual way. Background 3. In anticipation of the UK leaving the EU, changes are required to devolved legislation by way of statutory instruments. Under the European Union (Withdrawal) Act 2018, and where the Scottish Government considered a UK- wide approach to the legislative changes would be appropriate, these have been made by UK statutory instruments (SIs) laid by the UK Government with Scottish Ministers’ consent. The Scottish Parliament has considered these legislative changes – notified to them by the Scottish Government – in advance of the Scottish Government giving consent. 4. Other legislative changes are being made through Scottish statutory instruments (SSIs). 5. SSIs related to EU exit will be considered in the same way that ‘domestic’ SSIs are considered except that the lead committee has the opportunity, in advance of its policy consideration, to recommend to the Scottish Government that the parliamentary procedure allocated to the instrument should be changed. This process is known as the sift. 6. A protocol has been agreed between the Scottish Government and Scottish Parliament on the process for considering SSIs laid under the 2018 Act. The protocol sets out further information about the sifting process. 7. This paper supports the Committee’s consideration of the sift. 8. The protocol also sets out an approach which categorises SSIs – high, medium or low – to assist committees’ prioritisation in terms of scrutiny and gives the Delegated Powers and Law Reform Committee (DPLRC) a role in 1 REC/S5/19/32/3 highlighting to a lead committee those SSIs where it disagrees with the Scottish Government about the categorisation. Consideration of the parliamentary procedure – the sift 9. Scottish Ministers have discretion about whether instruments made under Schedule 2 of the 2018 Act should be subject to the affirmative or negative procedure, unless the instrument makes provision falling within one of the categories which requires the mandatory affirmative procedure to be used. 10. As set out above, the lead committee has the opportunity, in advance of its consideration, to recommend to the Scottish Government that the parliamentary procedure allocated to the instrument should be changed. Thus, the lead committee can recommend that an instrument laid under the negative procedure should be revoked and laid as an affirmative instrument and vice versa. The protocol states this “enables committees to recommend a change where they consider that the matter is of such significance that it requires active Parliamentary approval (or conversely is not so significant that it requires Parliamentary time to be allocated to its approval)”. 11. The DPLRC also consider the parliamentary procedure allocated to an instrument and make a recommendation to the lead committee where it agrees the procedure should be changed. The DPLRC has made no recommendation of procedural change for any of the above instruments. No recommendation to change the parliamentary procedure 12. Where a lead committee agrees with the parliamentary procedure, the instrument is thereafter considered and disposed of in the same way as a ‘domestic’ SSI. Recommendation to change the parliamentary procedure 13. Where a lead committee recommends the parliamentary procedure should be changed, it must report to the Parliament. The Scottish Government is expected to meet that recommendation as soon as possible. 14. A change of procedure does not, however, affect the timetable for Parliamentary consideration and the SSI should be considered under the procedure recommended by the lead committee. For decision 15. The instrument has been categorised under negative procedure. 16. The Committee is invited to consider whether it is content that the parliamentary procedure allocated to the instrument by the Scottish Government is appropriate. Rural Economy and Connectivity Committee Clerks November 2019 2 REC/S5/19/32/5 Rural Economy and Connectivity Committee 32nd Meeting, 2019 (Session 5), Wednesday 20 November 2019 Subordinate Legislation 1. The Committee will consider the following instruments: Negative procedure • Fishing Boats Designation (EU Exit) (Scotland) Order 2019 (see Annexe A); and • Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (see Annexe B). 2. The Annexes contains the clerk’s note, the instrument itself and the Scottish Government’s policy note for each instrument. Rural Economy and Connectivity Committee Clerks November 2019 1 REC/S5/19/32/5 Annexe A Fishing Boats Designation (EU Exit) (Scotland) Order 2019 Type of Instrument: Negative Laid Date: 28 October 2019 Coming into force: EU exit day Minister to attend the meeting: No Procedure 1. Under the negative procedure, an instrument comes into force on the date specified on it (the “coming into force date”) unless a motion to annul is agreed to by the Parliament within the 40-day period. Lead committees are not obliged to report to the Parliament on negative instruments, except where a motion recommending annulment has been lodged. 2. This instrument is not subject to the EU exit sift process, as it is not made under powers in the European Union (Withdrawal) Act 2018. Policy Objectives and Background 3. These Regulations are being made on a contingency basis in the event of the UK leaving the EU with no deal or withdrawal agreement in place. In this event a regime will be required to manage any fishing activity being undertaken by foreign vessels in UK waters, including the Scottish zone. 4. This instrument designates countries for the purposes of detailing the access to fisheries for vessels from those countries after the UK’s exit from the EU. In respect of each designated country, an area is designated in which boats from those countries can fish and descriptions of the sea fish that can be caught by those boats in those areas is provided.