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I thank you for that answer but, specifically, what is your understanding of how, in practice, the Government will engage with the Parliament with regard to future frameworks that revolve around Scottish agricultural policy? In practice, how will you engage with the committee?

There are two brief supplementaries on this topic from Rachael Hamilton and Jim Fairlie.

Jim, I suggest that your questions might be more appropriately addressed to the UK Government minister when he appears in front of the committee instead of to the cabinet secretary. She obviously does not have that information in front of her.

Yes. Go ahead.

Good morning, and welcome to the 15th meeting in 2021 of the Rural Affairs, Islands and Natural Environment Committee. Before we begin, I remind committee members who are using electronic devices to switch them to silent.

Our first item of business was to have been consideration of two notifications from Scottish ministers for consent to two United Kingdom statutory instruments. However, the cabinet secretary has written to the committee to confirm that the Scottish Government has withdrawn the notification for the Official Controls (Extension of Transitional Periods) (Amendment) (No 2) Regulations 2021, as it now intends to make provision via a Scottish statutory instrument. The clerks circulated the letter to members on its receipt. Members will note that the SSI will need to come into effect by 1 January.

As no member has any comments on the withdrawal of that statutory instrument, we have only one notification to consider today, which is for the Approved Country Lists (Animals and Animal Products) (Amendment) (No 2) Regulations 2021. I refer members to papers 1 and 2, which are on pages 3 to 14 of our papers pack.

Under the protocol between the Scottish Parliament and the Scottish Government, the consent notification has been categorised as type 1, meaning that the Scottish Parliament’s agreement is sought before the Scottish Government gives consent to the UK Government’s laying the instruments. Members will note that the clerks sought further information from officials in advance of today’s meeting, and that information has been circulated to members.

In our response to the Scottish Government, I suggest that the committee should ask it to clarify whether the trade agreements with Ukraine and Australia specify a timeframe within which changes to import restrictions must be made, as is set out in paragraph 31 on page 12.

The Scottish Parliament has not been given the full 28-day scrutiny period in which to consider the notification. The Scottish Government claims that the SI must be made quickly in order not to impact on the UK’s trade relations with Australia and the Ukraine. The notification does not, however, make clear how a delay of a few weeks to allow the appropriate parliamentary scrutiny of the regulations would negatively impact on trade relations. I would like to put on the record my strong concerns about the lack of time available for meaningful parliamentary scrutiny in relation to the instrument. On this occasion, the terms of the protocol have not been met.

Does any member have any comments on the consent notification for the SI?

That is right. We want clarification as to why the delay will negatively impact on the trade relations. We need to have that clarified.

I hope that that provides some clarity. As I said, one of the questions that we are going to ask is why this has happened. It is not clear whether the trade deals specify a timeframe, so we do not know what the pressure is to bring the SI in at such short notice.

As there are no further questions or comments, is the committee content for the provisions that are set out in the notification to be included in the proposed UK SI? If members are not satisfied, they should type the letter N in the chat function.

We are content.

Finally, is the committee content to delegate to me authority to sign off a letter to the Scottish Government, informing it of our decision today? I intend to set out in my letter strong concerns about the lack of available time for meaningful scrutiny and the breach of the protocol. I will copy the letter to the convener of the Constitution, Europe, External Affairs and Culture Committee for her information. I will also highlight the concerns relating to the withdrawn SI.

The reason for the letter is, once again, to highlight the committee’s concern that we will have no opportunity to look at the proposed SI before it is laid, on 1 January.

I absolutely take that on board.

That concludes the public part of today’s business.

We certainly can do that. If it would help, we can also write to the UK Government with the same question. Ultimately, however, the Scottish Government notified us for us to consent to it giving consent to the UK instrument. That is my understanding. However, we can certainly write to the UK Government if that would help.