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Rural Affairs, Islands and Natural Environment Committee

Meeting date: Wednesday, November 10, 2021

Official Report 581KB pdf

Subordinate Legislation

Official Controls (Transitional Staging Period) (Miscellaneous Amendments) (Scotland) (No 2) Regulations 2021 (SSI 2021/342)

We move on to agenda item 3. I refer members to papers 2 and 3. As the committee has agreed that the negative procedure is appropriate, we will now consider the policy intent of the regulations. Members will recall that, following our meeting on 6 October, the committee wrote to the Scottish Government regarding previous subordinate legislation relating to import checks. A response was received yesterday and has been circulated to members, and it has been published on our web pages. The convener has indicated that the committee will consider the letter further at next week’s meeting.

Does any member wish to raise any issues regarding the instrument? If not, are members content to note the instrument?

Members indicated agreement.

Fish Farming Code of Practice (Scotland) Order 2021 (SSI 2021/340)

I now refer members to paper 4. The order that the committee is invited to consider is also subject to the negative procedure.

Does any member wish to raise any issues regarding the instrument?

I wish to note that the consultation analysis shows that

“Most individuals, environmental organisations and fisheries or other board/trust respondents supported the Code but would like fish farms to be regulated further and are concerned about enforcement of implementation of the Code.”

Concerns about regulation included several requests

“that the Code should do more to manage and control”

or phase out

“the use of ADDs”—

acoustic deterrent devices—and replace them with benign methods of predator control.

Referring to aquaculture production businesses, concerns about enforcement included

“Concerns around non-compliance and inconsistency of self-reporting by APBs; Concerns about inadequate penalties for non-compliance”

and challenges regarding the

“practicalities of implementing the Code”,

including

“timescales and content of reporting”

and

“gaps or contradictory guidance”.

As the consultation analysis report goes on to say, several respondents indicated their view that

“more of the Code should be in the form of ... mandatory requirements, rather than guidance.”

We need to ensure that fish farms operate sustainably in order for them to continue providing jobs and benefits for coastal communities in the long term.

I am content to note the instrument, but I urge the Government to review the code on a regular basis and to update it as necessary to ensure the use of best available practice, underpinned by scientific findings and new developments.

Thank you. That is noted. Are members content to note the instrument?

Members indicated agreement.