Official Report 814KB pdf
Our second item of business is consideration of two Scottish statutory instruments. As both have been laid under the negative procedure, they will come into force unless the Parliament agrees to a motion to annul them, and no motions to annul have been lodged.
I will be seeking views on each instrument in turn. However, before I do so—and this was very rude of me—I should have acknowledged the fact that Monica Lennon has been unable to attend the meeting, and that Sarah Boyack is attending as her substitute.
Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Amendment (No 2) Regulations 2020 (SSI 2025/78)
The first instrument—SSI 2025/78—revokes and replaces identical regulations that we considered on 11 March. The new instrument has been made because of what the Government considers was an error in its handling of the consultation responses, which it has sought to correct.
The Delegated Powers and Law Reform Committee has drawn the instrument to the Parliament’s attention, because it did not meet the requirement to be laid 28 days before coming into force. In this case, the instrument was laid on 18 March but partly came into force on 30 March. When an instrument breaches the 28-day rule, the Scottish Government is required to provide an explanation, which is provided in annex B to the clerk’s note.
Does any member wish to make any comments on the instrument? I find it odd that there were only three responses to the consultation and that one of them was totally ignored. It also seems odd that we are having to come back and do this again, which is, I think, not something that I have ever come across before.
Sarah, did you want to comment?
I very much agree with you. It feels very odd that there were so few consultation responses and that one of them was not considered. It would also have been helpful to have a bit of a note on how the regulations impact on people’s daily lives and on the sectors where they will be implemented. However, I do not object to the instrument.
In fairness, this is a relaying of the original instrument and we had some indication of those matters during the previous briefing. It might have been helpful if that had been reiterated, but it was done in the first instance, although something might have been lost in translation.
As no other member wishes to comment, I invite the committee to agree that it does not wish to make any recommendations in relation to the instrument.
Members indicated agreement.
Railway Closure (Exclusion) (Hairmyres) Order 2025 (SSI 2025/81)
The second instrument for the committee to consider is SSI 2025/81. The Delegated Powers and Law Reform Committee has made no comment on the order. Do any members have any comments on the order?
The Cabinet Secretary for Transport has confirmed that no business regulatory impact assessment is necessary, as the order has no financial effects on the Scottish Government or local government. I assume that that is because it is part of a bigger scheme rather than just the smaller scheme, but it would always be helpful to have information on that.
As no member wishes to comment, I invite the committee to agree that it does not wish to make any recommendations in relation to the instrument.
Members indicated agreement.
Thank you. I now suspend the meeting to allow our first panel of witnesses to be seated.
09:21 Meeting suspended.