Seòmar agus comataidhean

The instrument is made in an area formerly governed by European Union law. The purpose of the instrument is to remove certain provisions of the common agricultural policy in retained EU law that are considered no longer appropriate or workable for Scotland, and to make changes to the inspection requirements for rural support schemes, including in light of the impacts of the coronavirus pandemic.

In correspondence with the Scottish Government, the committee identified difficulties that arise from there being parallel texts, or parallel versions, of some of the legislation that is being amended. The situation has arisen because the legislation that is being amended was brought over from EU law into domestic law early, on 31 January 2020, as it applies to direct payment support, and the same legislation was then brought over later, on 31 December 2020, as it applies to agricultural support.

Between those two dates, the legislation was amended as it applies to direct payments, which has resulted in some of the provisions saying different things in relation to direct payments and to agricultural support respectively. In particular, the committee identified that it could be clearer what the effect is of the substitution that is made by regulation 3(2) on the version of article 24(4) of Commission Implementing Regulation (EU) No 809/2014 as it applies to direct payment support, and the version as it applies to agricultural support. The Scottish Government acknowledged in its response, which can be read online in paper 2, that the background to the legislation that is currently being amended creates an extremely complex position for the user of the legislation.

In its correspondence with the Scottish Government, the committee also asked whether the title of the Commission implementing regulation that is being amended is missing in regulation 3(1), which gives the number but not the name. The Scottish Government agreed that the full title is missing and proposes to include a provision in a future Scottish statutory instrument to insert the missing part of the title.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), in that the meaning could be clearer, in so far as the effect of the substitution made by regulation 3(2) could be clearer?

Members indicated agreement.

At the same time, is the committee content with the explanation that the Scottish Government has provided for the breach of the laying requirements?

Members indicated agreement.

I believe that Mr Simpson wants to highlight something.

That is a fair point, Mr Simpson. We can certainly contact the lead committee with the points that you raise.

Also under this agenda item, no points have been raised on the following two instruments.

Is the committee content with the instruments?

Members indicated agreement.

Under agenda item 4, we are considering two instruments that are not subject to parliamentary procedure and on which no points have been raised.

The instrument relates to orders to preserve evidence. When the United Kingdom was a member of the EU, an EU Council framework decision established the rules under which EU member states would recognise and execute in their territory a freezing order issued by a judicial authority of another member state in the context of criminal proceedings.

The instrument has been laid under the negative procedure and is considered by the Scottish Government to be of low significance.

Is the committee content that the appropriate scrutiny procedure and categorisation have been applied to this instrument?

Members indicated agreement.

The Public Service Pensions Act 2013 introduced reforms to public service pension schemes, including those in the devolved nations. Transitional protections were provided for some scheme members, which were found in the court of appeal to be discriminatory against younger members. The Public Service Pensions and Judicial Offices Act 2022 was passed, containing the provision that was necessary to remedy the discrimination that was caused by the transitional protections. The 2022 act received royal assent on 10 March 2022.

The instruments close the existing legacy pension schemes, except for limited purposes, to the accrual of pension benefits on and after 1 April 2022. Members who are treated as being in pensionable service under the existing pension schemes will, on that date, begin accruing benefits in the relevant scheme established by existing regulations.

In correspondence with the Presiding Officer, the Scottish Government explained that the regulations are a consequence of the 2022 act and are required to come into force immediately to ensure legal certainty and fairness. If there is a delay, there will be a period in which certain members can no longer accrue pension in the legacy scheme, but scheme rules would prevent those members from joining the new scheme.

Does the committee wish to draw the four instruments to the attention of the Parliament on reporting ground (j), for failure to comply with laying requirements?

Members indicated agreement.

The fifth instrument for which there has been a failure to lay in accordance with the requirements under section 28(2) of the 2010 act is the following.

Is the committee content with the instruments?

Members indicated agreement.