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A
Can
I
welcome
everyone
to
the
second
meeting
in
2020
of
the
delegated
powers
and
Law
Reform
Committee?
The
first
item
of
business
is
to
propose
the
committee
takes
items
5
6,
7,
&
8
in
private,
as
these
involve
consideration
of
future
reports,
and
these
will
be
publish
when
agreed.
So
does
the
committee
agree
to
that?
Thank
you.
Gender
item
2
are
considering
an
instrument
subject
to
the
affirmative
procedure.
No
points
have
been
raised
on
the
draft
fuel
poverty
additional
amount
in
respect
of
remote
rural
area,
remote,
small
town
and
Island
area,
Scotland
regulations
2020.
A
So
is
the
committee
content
with
this
instrument?
Thank
you
agenda.
Item
3
is
to
consider
instruments.
Subject
a
negative
procedure.
The
first
one
is
the
sea
fish
prohibited
methods
of
fishing
Firth
of
Clyde
order,
2019
SSI
2019
for
one
nine.
This
order
prohibits,
subject
to
certain
exceptions,
all
methods
of
fishing
within
specified
areas
of
the
Firth
of
Clyde
by
British
fishing
boats
from
the
14th
of
February
until
the
30th
of
April,
during
both
2020
and
2021,
and
this
is
an
order
to
protect
Cod
in
the
Firth
of
Clyde
during
its
spawning
period.
A
The
instruments
lay
subject
to
negative
procedure
under
Section
25
of
the
sea
fishing
Conservation
Act
1967.
Now
a
question
arises
as
to
the
proper
interpretation
of
that
provision.
The
committee
acknowledges
the
Scottish
Government's
position
that,
as
modified
by
section
22,
a
11
B
of
the
1967
Act
section
25
should
be
read
as
providing
that
any
reference
to
the
annulment
of
an
instrument
by
resolution
of
each
or
either
high
house
of
parliament
shall
be
construed
as
a
reference
to
annulment
of
the
instrument
by
resolution
of
the
Scottish
Parliament.
A
And
while
the
committee
agrees
that
the
negative
procedure
therefore
applies
this
instrument,
it
notes
that
this
could
be
more
clearly
expressed.
The
Scottish
government
has
committed
to
identifying
an
early
opportunity
to
do
this.
So
does
the
committee
therefore
agree
to
draw
this
instrument
to
the
attention
of
Parliament
under
the
general
reporting
ground?
Okay,
does
the
committee
wish
to
welcome
the
scottish
government's
commitment
to
identify
an
early
opportunity
to
expressly
clarify
the
parliamentary
procedure
that
applies
in
the
scottish
parliament
to
instruments
laid
under
20
Section
25
of
the
1967
Act?
A
A
Next,
we
come
to
the
restriction
of
Liberty
order,
etc.
Scotland
amendment
regulations,
2019
SSI
2019
for
2/3
the
order
updates
the
list
of
specified
equipment
that
can
be
used
for
the
purposes
of
electronic
monitoring
in
Scotland.
The
order
was
laid
before
Parliament
on
the
17th
of
December
2019
and
came
into
force
on
the
20th
of
December
2019.
A
This
does
not
comply
with
a
requirement
that
at
least
28
days
should
elapse
between
the
laying
of
an
instrument
which
is
subject
to
the
negative
procedure
and
the
coming
into
force
of
that
instrument.
The
committee's
therefore
required
by
Standing
Orders
to
draw
the
instrument
to
the
attention
of
Parliament.
So
the
first
question
is:
does
the
committee
a
agree
to
draw
the
instrument
to
the
attention
of
Parliament
under
reporting
ground
J?
A
Okay,
now,
as
members
will
recall,
the
committee
wrote
to
the
cabinet
secretary
for
justice
last
week
to
ask
for
more
details
on
why
the
Scottish
government
brought
this
instrument
into
force
only
three
days
after
it
was
late.
This
is
a
significant
breach
of
the
28
day.
Rule
members
will
have
seen
mr.
Yusuf's
response,
which
gives
the
committee
a
better
understanding
of
why
the
new
equipment
to
monitor
individuals,
subject
to
a
restriction
of
Liberty
order,
was
required
over
the
Christmas
period.
A
The
committee
will
I'm
sure
wish
to
welcome
the
cabinet
Secretary's
commitment
to
consider
how
any
similar
risks
may
be
mitigated
in
future,
so
that
laying
requirements
can
be
met.
An
appropriate
parliamentary
scrutiny
maintained
in
saying
that
it's
still
unclear
when
the
government
were
made
aware
of
the
potential
shortage
of
monitoring
equipment.
Mr.
yusuf
said
that
this
only
became
apparent
apparent
quotes
a
few
weeks
before
parliamentary
recess.
Now,
while
it
may
still
have
been
necessary
to
breach
the
28-day
rule,
could
more
than
three
days
notice
have
been
provided?
A
With
this
in
mind,
does
the
committee
wish
to
highlight
the
cabinet
Secretary's
response
to
the
lead
committee,
while
also
making
clear
the
importance
this
committee
puts
on
parliamentary
scrutiny
and
the
Scottish
Government's
statutory
obligations,
while
breaching
the
28-day
rule
may
at
times
be
unavoidable?
It
should
only
be
done
when
no
alternatives
exist.
A
A
Okay,
thank
you
and
no
points
have
been
raised
on
SSI
2019,
four
to
five
four
to
six
or
four
to
seven.
So
is
the
committee
content
with
these
instruments?
Thank
you.
Gender
item
four
were
considering
an
instrument.
That's
not
subject
to
any
parliamentary
procedure.
No
points
have
been
raised
on
SSI
2019
four
to
eight
is
the
committee
content
with
this
instrument?
Okay
and
I'll
move
the
meeting
into
private.