Committee
Subordinate Legislation Committee, 20 Mar 2007
20 Mar 2007 · S2 · Subordinate Legislation Committee
Item of business
Instruments Subject <br />to Annulment
Inshore Fishing (Prohibited Methods of Fishing) (Firth of Lorn) Revocation Order 2007 (SSI 2007/239)<br />Inshore Fishing (Prohibited Methods of Fishing) (Firth of Lorn) (No 2) Order 2007 (SSI 2007/240)
The issues raised in our briefing on the orders relate to the breach of the 21-day rule. In the circumstances, we can probably accept the explanation given. Mr Ewing's point was about the failure to consult adequately the Mallaig and North West Fishermen's Association and the Scallop Association. Our attitude to that would have to be that it is clear from the power that the secretary of state and, therefore, the Scottish ministers, have the power to consult such bodies as they consider to be appropriate. Although I might agree with Fergus Ewing's point that the associations are appropriate bodies to consult, from our point of view the exercise is to be assured by the minister that appropriate consultation has taken place.If anyone feels that appropriate bodies have not been consulted, that is a matter for the lead committee. We might be advised to refer Mr Ewing's complaint to the lead committee for its consideration. The fact that the associations were not consulted seems a surprising oversight, but it is not a procedural problem as much as a decision about which bodies it was appropriate to consult.
In the same item of business
The Deputy Convener:
Lab
No substantive points arise on the orders, but they breach the 21-day rule. We have had received correspondence from our colleague Fergus Ewing.
Mr Maxwell:
SNP
The correspondence from Mr Ewing is on SSI 2007/240, not on SSI 2007/239. Does it apply to both orders?
The Deputy Convener:
Lab
I think that it applies to both. I put the orders together on the agenda. We are discussing both.
Mr Maxwell:
SNP
It is just that the header in his e-mail refers to SSI 2007/240.
The Deputy Convener:
Lab
We are discussing both orders on the basis that the points raised apply to both.
Murray Tosh:
Con
The issues raised in our briefing on the orders relate to the breach of the 21-day rule. In the circumstances, we can probably accept the explanation given. ...
Mr Maxwell:
SNP
I agree. It seems odd that the associations were not consulted, because they seem the obvious ones to consult. However, Murray Tosh is right that the secreta...
The Deputy Convener:
Lab
That is a fair statement of the position. SSI 2007/239 revokes the original Inshore Fishing (Prohibited Methods of Fishing) (Firth of Lorn) Order 2007 (SSI 2...
Murray Tosh:
Con
We should do so as a courtesy to Mr Ewing.
The Deputy Convener:
Lab
We will forward Mr Ewing's correspondence to the lead committee along with a note of our discussion and a reference to the general power, which states that m...
Murray Tosh:
Con
There is a gender point there, which you might wish to raise and pursue, convener.
The Deputy Convener:
Lab
The power was drafted in a bygone age. We have moved on since then.
Mr Maxwell:
SNP
I realise that you think that it is a minor point, but some of us think that it is a major point.
The Deputy Convener:
Lab
Given that I raised it, that tells you exactly what I think.