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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 5 July 2025
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Displaying 2114 contributions

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Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Mairi Gougeon

It gives us serious concern. I think that we all recognise the need for common frameworks. We believe that we have put forward a really good model for how we can work together and manage policy divergence, and we have committed to the process. However, a series of acts have been introduced that seek to undermine that. That was clear in the report of the House of Lords committee and in its scrutiny of the United Kingdom Internal Market Act 2020, which really undermines the work that we have tried to achieve through the common frameworks process. There is also the Subsidy Control Act 2022, which constrains the work that we have tried to take forward through common frameworks, and the Retained EU Law (Revocation and Reform) Bill, which is currently progressing through the UK Parliament and which is causing us serious concern.

We have been told that common frameworks will be protected, but we have not yet been told how that will happen. It is really frustrating and concerning that, as much as we have committed to the process and as much as we think that it is a positive way to collaborate and move forward, it is continually undermined by pieces of legislation that seek to hamper the choices that we can take.

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Mairi Gougeon

Unfortunately, the backstop for all these positions is that that is where we end up. However, it is important that we have the exclusions process in place in relation to the United Kingdom Internal Market Act 2020. Earlier, I gave an example of how we have been able to use that, although the process has not been without its issues in relation to the directive. When we introduced those regulations to the Scottish Parliament, there was a gap in implementation in terms of the items that we wished to see banned. The initial exclusion that the UK Government put forward was narrower than what we sought, and the UK regulations did not come into force until August, so there was an implementation gap of a few months. The process is important and we have the mechanisms by which we can try to exclude, but it is not perfect.

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Mairi Gougeon

We reiterated those concerns right through the passage of that legislation. It is frustrating that none of those concerns were ever addressed and that the bill was not amended in a way that would have resolved them. I know that officials are working together on the guidance and the act’s practical implications, and I understand that those conversations are on-going, but it is, as I have previously outlined to the committee, one of our biggest concerns.

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Mairi Gougeon

I would be happy to come back to you with further information on that and to keep the committee apprised. That may be an area for further monitoring and review as part of our consideration of the frameworks.

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Mairi Gougeon

That is no problem. It is really frustrating that we are still in that place. I have been liaising with the UK Government on that, but we remain in dispute over the exact responsibilities in relation to organics. However, I do not think that that hampers too much the work that we would be looking to take forward through the framework.

George Burgess may want to come in on that.

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Mairi Gougeon

That is set out in some of the frameworks, which recognise how that could be dealt with and which also set out the trade-specific engagement fora that there are. Again, it might be helpful to have an illustrative example. We have been through the process with some free trade agreements. I will hand over to George Burgess, who can give a bit more detail of that.

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Mairi Gougeon

Euan Page would like to come in on that.

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Mairi Gougeon

The role of ESS is to assess compliance with environmental law. The frameworks, in and of themselves, do not alter that or the role of public bodies that would be engaged in doing that. If any legislative changes were due to be made, I imagine that ESS would have an interest in that, but I do not know how much of a role ESS would be expected to have in relation to the frameworks or what input it would be expected to have.

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Mairi Gougeon

I have mentioned previously how we inform the committees of work that is undertaken in the interministerial group. For example, we have the communiqués, and we also send over a note of some of the items that have been discussed.

The exclusions process, in particular, would involve the Net Zero, Energy and Transport Committee. Parliament is notified at the point at which the secondary legislation goes through. That is the only example that I have. I do not know whether my officials have any information about whether there is any earlier engagement than that with the committee.

Rural Affairs, Islands and Natural Environment Committee

Common Frameworks

Meeting date: 2 November 2022

Mairi Gougeon

The Parliament’s role in monitoring and reviewing frameworks is an important part of the process. The various Governments in the UK have been discussing what that might look like. Again, I am keen to hear from committee members what such scrutiny can or should look like. If members think that the process can be improved upon in ways beyond those currently set out in the frameworks, I am open to consideration of those.

Euan Page might want to come in on that.