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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 14 May 2025
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Displaying 447 contributions

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Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Donald Cameron

I would like to ask about regulatory divergence. I think that we all appreciate that the bill has to be read in conjunction with the Scottish Government’s stated policy of aligning with EU law. Last week, we heard from some witnesses—principally those in the farming, agricultural and fisheries space—that opportunities were potentially presented in the ability to diverge. I have heard very clearly what people have said about wanting to align with environmental law in the EU, but are there any areas in which the witnesses believe that it would be beneficial for Scotland to do its own thing? I have heard people talk about not being resistant to change. Are there any areas in which you think that Scotland could go its own way?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Donald Cameron

I have a specific question for Professor Reid. I was very taken by your description in your evidence. In Scotland, there is some primary legislation that is not caught by the bill, whereas things are caught in England, because they were made under regulation. You have touched on that this morning. You have given the examples of strategic environmental assessments and the water framework directive. Can you think of any other examples in which that strange tension exists?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Donald Cameron

I am sorry, convener—I should have referred to my entry in the register of interests. I am a member of the Faculty of Advocates.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Donald Cameron

To be clear, have you had contact with the Scottish Government?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Donald Cameron

I am grateful for that answer, as one of the criticisms that is made of the United Kingdom Internal Market Act 2020 is that it does not allow for regulatory divergence. I am interested in exploring whether there are areas in which divergence from EU law or from UK law could potentially be beneficial for Scotland’s interests.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Donald Cameron

Maurice Golden touched on the difference between burden and standards. Do you have any observation on that from a legal perspective?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Donald Cameron

On practicalities, the committee keeps on hearing evidence about the scale of the task that is before agencies, businesses, sectors and so on. What engagement has the Scottish Government had with you? Is there anything that the Scottish Government could do to help in this endeavour? Has anyone had any interaction with the Scottish Government about that?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 1 December 2022

Donald Cameron

I appreciate that. The bill gives the Scottish Government the ability to restate EU law, as we all know.

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 24 November 2022

Donald Cameron

I will move on to my second point, which is principally directed to Elspeth Macdonald and Jonnie Hall and is about divergence.

Elspeth, today, you spoke about the stakeholders whom you represent and, please correct me if I am wrong, a wish to move away from EU law that enshrines the common fisheries policy. Jonnie, in previous evidence to this committee, you spoke about the common agricultural policy and moving away from that for the needs of Scotland’s farmers and crofters. It is, of course, Scottish Government policy to align with EU law. My question is, looking at the bill, do you have any observations on the policy behind it in relation to allowing your sectors to move away from existing EU law?

Constitution, Europe, External Affairs and Culture Committee

Retained EU Law (Revocation and Reform) Bill

Meeting date: 24 November 2022

Donald Cameron

Thank you, convener. I should refer to my entry regarding agriculture in the register of members’ interests.

I will return to the questions of staff, timing and resources in the third section, and I will ask about two issues. First, on deregulation, the bill gives both the UK Government and the Scottish Government the ability to restate retained EU law and replace it in its entirety. I do not speak for the UK Government, but I think that it is only fair to set out its position on deregulation. It has consistently said that it does not want lower standards and, in some instances, it wants higher standards.

Does the panel accept that, although there is plainly a risk of deregulation, there is equally the potential to either mirror EU standards or enhance protections, which ability applies to the UK Government and, perhaps more pertinently, to the Scottish Government? I pose that question to Julie Hesketh-Laird because she mentioned deregulation.