Rural Affairs and Islands Committee
UK subordinate legislation - The Trade and Official Controls (Transitional Arrangements for Prior Notifications) (Amendment) Regulations 2021
Letter from the Constitution and Cabinet Directorate, Scottish Government, to the Committee Clerk, 16 June 2021
Dear Ms Johnston
The Trade and Official Controls (Transitional Arrangements for Prior Notifications) (Amendment) Regulations 2021 Defra PH/011
In the immediate run up to and during the pre-election recess period it was agreed with Parliamentary officials that if Scottish Ministers were asked to consent to UK SIs containing devolved provision during this period that initially the UK Government would be asked to delay the SI until after the election. This was in order that the SI could be notified to the relevant committee of the Parliament as set out in the protocol between the Parliament and the Scottish Government. It was however recognised that there may be a few urgent cases where Scottish Ministers would have to consider consenting to an SI while Parliament was in recess.
In the event there were three SIs, including the one above, that fell into this category. It was agreed that PLU would hold the relevant SI notifications and forward them to the relevant committee when it was established after the Scottish election. I therefore attach the notification for the above SI which Scottish Ministers consented to on 25 March, and the SI was subsequently laid on 31 March.
This SI was originally considered by the then Rural Economy and Connectivity (REC) Committee and was approved on 17 March 2021 and was originally titled ‘The Plant Health (Amendment etc.) (EU Exit) (Amendment) Regulations 2021’ as at that time it covered amendments solely for plant health. Following the Committee’s consideration and approval, the SI’s scope was then subsequently widened to include amendments to animal health import controls and was renamed ‘The Trade and Official Controls (Transitional Arrangements for Prior Notifications) (Amendment) Regulations 2021’. Due to the change of name and the new content included in the SI, it has altered significantly since the Committee granted approval and I therefore submit a further notification with detail outlining the new changes made by the SI.
Following the REC Committee granting approval on 17 March 2021 to the original notification for this SI, a point was raised in a letter to the Minister for Rural Affairs and the Natural Environment. The Convener (Edward Mountain MSP), writing on behalf of the Committee, did not consider that the instrument (as originally framed) was making “a merely “technical” change” as described by the notification, and that policy decisions had been taken on the phased approach and to delay the implementation of the phased checks. On this basis the Committee requested that information should be provided on the impact of this change on the wider phased approach to import checks for plant and animal products.
The Scottish Government notes the Committee’s comments and accepts that there was some significance given that as originally drafted and notified to the Scottish Parliament, the SI was extending the duration of the transitional provision relating to imports of plants, plant products and other objects (see footnote 1) into Great Britain from EU Member States (exemptions from requirements for imports to be accompanied by a phytosanitary certificate). The date on which that transitional provision expires was amended from 31 March 2021 to 31 December 2021. The additional changes now contained in this instrument specifically change the date from which transitional provisions relating to prior notification for products of animal origin and prescribed types of plant and plant products, and sanitary or phytosanitary certification requirements for products of animal origin are to apply, from 1 April to 31 July 2021.
The additional changes made by the re-drafted SI reflect the impact of the changes to the Border Operating Model for plant health and animal health at this time. In the run up to the end of the Transition Period in December 2020, the Scottish Government’s position was there was a requirement for an extension to the transition period to allow for border preparations, and that the original timetable for import controls was overambitious and likely to require further change, adding to uncertainty for businesses. However, if the relevant Regulations had not been amended, they would have contained inoperable rules that would have prevented the UK Government and the Devolved Administrations from being able to deliver workable Sanitary and Phytosanitary (SPS) border controls.
The UK Government’s announcement of 11 March 2021 made changes to the existing plans for the UK Border Operating Model and for plant and animal health altered the dates that certain border controls were due to take effect.
Given the SI has been laid I can confirm that the SI is consistent with the consent granted by the Scottish Government
Yours sincerely
Gordon Johnstone
1. ie any material or object, other than plants or plants products, capable of harbouring or spreading pest
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