 Fy fawr i am gweithio gyd i ddim ffraith y Llywodraethol Iolau yng Nghymru yn 2022, gan osbryd aeth iawn i ddechrau Fawr Sannu Lorythwyrn Cymru, o ar y brwy сделion. Fy fawr i ddim yn y lasol iawn i ddim yn y lasol iawn, yn ei ddim yn merfin i swyddi, soedd efo cyfreith gweithio iddo ddim yn cwanhwych. Rwy'n wedi'n meddygu ddigwydd bob gyfrifonau i fy llynau ei ddweud hyd i ddim yn cwyllgor i ddim, ac i ddim yn oed o gwmp yn ei ddim yn cyfan. The first item of business is to decide whether to take items 6, 7, 8 and 9 in private. Is the committee content to take these items in private? No member has indicated that they are not content, whether they should speak and so we are agreed. Moving to agenda item number two, we are considering an instrument laid under the European Union withdrawal act 2018. The committee is considering if the appropriate scrutiny procedure and the appropriate category has been applied to. SSI 2021-493, the official controls transitional staging period, miscellaneous amendments Scotland number three, regulations 2021. This instrument relates to the start state in which imports of animal products and certain plants, plant products and other objects in Scotland from EU, EEA and related countries will be subject to additional requirements. It has been laid under the negative procedure and is considered by the Scottish Government to be of low significance. Is the committee content that the appropriate scrutiny procedure and categorisation have been applied to this instrument? No member has indicated that they are not content, whether they should speak and so we are agreed. Under agenda item number three, we are considering instruments subject to the made affirmative procedure. Issues have been raised on SSI 2022 to help protection coronavirus international travel and operator liability Scotland amendment regulations 2022. The instrument amends the requirements and restrictions affecting international travels arriving in Scotland. A number of issues have been raised on the instrument. I will cover each in turn. First, regulations 7 of the instrument amends the principle international travel regulations to insert regulation 16A, requiring eligible vaccinator arrivals to report the outcome of a day 2 lateral flow device to the test and to insert regulation 16B, requiring them to take a confirmatory test from a public provider if the lateral flow test result is positive. Neither the principle regulations nor this instrument specifies that the confirmatory test should be a PCR test, although the policy note in the Scottish Government guidance indicates that the confirmatory test should be a PCR test. Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground H on the basis that the meaning of the instrument could be clearer that the confirmatory test taken by the eligible vaccinated arrival following a positive day 2 lateral flow device test must be a PCR test? As we are doing, does the committee wish to call upon the Scottish Government to amend the health protection coronavirus international travel and operator liability Scotland regulations 2021 to define the term confirmatory test at the next legislative opportunity? No members indicated that they are not content or that they wish to speak, so we are agreed. Secondly, the policy note and the letter to the Presiding Officer, which accompanies the instrument, state that the amended definition of World Health Organization of Vaccines in regulation 3 comes into force at 4am on 10 January 2022, alongside the changes to the list of relevant countries that can provide an acceptable vaccine certification in schedule 1A. Regulation 1 of the instrument provides regulation 3 coming to force at 4am on the early date of 7 January. The Scottish Government confirmed that the commencement of regulation 3 on 7 January is an error. That change should have been implemented in Scotland at the same time as in England on 10 January. As a result, it is possible that some travels have been classed as eligible vaccinated arrivals in Scotland sooner than intended. The committee wishes to draw the instrument to the attention of the Parliament on reporting ground I on the basis that its drafting appears to be effective. No member has indicated that they are not content or that they wish to speak. Finally, the instrument is in breach of lane requirements in section 32 of the interpretation and legislative reform Scotland Act 2010, which provides that the instrument, not subject to the negative or affirmative procedure, must be laid before the Scottish Parliament and is practical after the legislation is made and in any event before the legislation is due to come into force. Regulations 1 to 5, 8, 9, 12 and 13 come into force at 4am on 7 January and the instrument comes into force at 9.30am later the same day. The committee wishes to draw the instrument through the attention of the Parliament on reporting ground J on the basis that it fails to comply with the delaying requirements. No member has indicated that they are not content or that they wish to speak, and so we are agreed. Also, under this agenda item, no technical points have been raised on SSI 2022-6 to help protection coronavirus requirements Scotland amendment regulations 2022. The instrument provides for removal of the capacity limits on live events, outdoors and removes the requirement for 1m physical distancing at outdoor event venues, outdoor exhibitions and outdoor spaces in sports stadiums. It also amends the definition of fully vaccinated to introduce booster vaccinations. No member has indicated that they are not content or that they wish to speak, and so we are agreed. Under agenda item 4, we are considering instruments subject to the affirmative procedure. A number of issues are raised with the Scottish Government on the draft disability assistance for working-age people Scotland regulations 2022. Firstly, the members wish to report the following three errors under the general reporting ground. Firstly, the definition of EU thrall agreement on regulation 2 is unnecessary, given that the definition of the term contained in schedule 1 of all the interpretation and legislative form Scotland Act 2010 already applies. Secondly, that regulation 17 for B refers to a child in respect of whom a person listed in paragraph 2A as a relationship equivalent to those listed under the law of Scotland, and should instead refer to paragraph 3A of regulation 17. Finally, the definition of civil partnership person living with another person is that, if they were in a civil partnership in regulation 17.4, they are unnecessary insofar as they refer specifically to same-sex couples. On the basis that both same-sex and mixed-sex couples enter into marriages and civil partnerships. No members indicate that they are not intent, whether they wish to speak, and so we are agreed. Secondly, the members wish to report the following three errors under the reporting ground H when the basis of the meaning could be clearer. Firstly, that regulation at 7.2 relates to having an individual's ability to carry out both daily living and mobility activities is to be determined. Therefore, that regulation 7.2A refers to both the tables at part 2, that is the daily living activities part 3, mobility activities of schedule 1. Secondly, that the meaning of the term medical treatment is to find that both regulations 2 and 16 could be clearer, and that the definition of regulation 2 could be removed. Finally, that the meaning of qualifying services regulation 2 within the definition of residential educational establishments and in regulations at 27.4 and 5B and 32.3 and 4B could be clearer. No members indicate that they are not intent or that they wish to speak, and so we are agreed. Additionally, the members wish to call on the Government to lay an amending instrument to rectify the errors in regulations 7.2A, and in respect of the term medical treatment, to find in regulation 2 before the instrument comes into force on 21 March 2022. Furthermore, the members wish to call on the Government to rectify the other errors that are identified by the committee by that amending instrument. No members say that they are not content or that they wish to speak, and so we are agreed. Also, under that agenda item, no points have been raised on the following draft instruments. The deposit return scheme for Scotland amendment regulations 2022, the registers of Scotland digital registration etc regulations 2022, the greenhouse gas emissions trading scheme amendment order 2022 and the aquaculture and fisheries etc scheme for financial assistance at Scotland regulations 2022. It is the committee content with those instruments. No members indicate that they are not content or that they wish to speak, and so we are agreed. Under agenda item number 5, we are considering instruments subject to the negative procedure. Issues have been raised on three instruments. First is SSI 20211455, the greenhouse gas emissions trading scheme amendment order 2021. Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of the incorrect reference and paragraph 4 3 of the new schedule 8A, the greenhouse gas emissions trading scheme order 2020 is asserted by article 27 of the instrument, article 1811, the pre-allocation regulation, which should have been to article 18A11 of that regulation. No members indicate that they are not content or that they wish to speak, and so we are agreed. Does the committee also wish to welcome that the Scottish Government is liaising with the other UK Administrations the view to collecting this error at the next available opportunity? No members indicated that they are not content or that they wish to speak, and so we are agreed. The next instrument where an issue has been raised is SSI 2021481. It is the nutritional requirements for food and drink in Scotland, sorry, in schools Scotland amendment regulations 21. Under section 282 of the interpretation and legislative reform Scotland Act 2010, instruments subject to the negative procedure are required to be laid at least 28 days before the community force, not counting the recess periods of more than four days. In its letter to the Presiding Officer, the Scottish Government explained that urgent action was required and concerns had been raised by education authorities and managers of grant aid schools about their ability to comply with the duties under earlier regulations as a result and inability to procure certain foods due to disruption in the school food supply chain. Does the committee wish to draw the instrument into the attention of the Parliament on the reporting ground J in relation to its failure to lay the instrument in the courts with lane requirements under the 2010 act? No members indicated that they are not content or that they wish to speak and so we are agreed. At the same time, the committee content with the Scottish Government's explanation provided for the breach of the lane requirement. No members indicated that they are not content or that they should speak and so we are agreed. Some more issue has been raised on SSI 2021493. At the official controls transitional staging period, Mr Lennon's amendments Scotland number 3 regulations 2021. The instrument relates to the phasing in of border controls on imports of certain goods following EU withdrawal. It breaches section 282 of the interpretation and legislative reform of Scotland Act 2010, which was laid on 22 December 2021 and came into force on 1 January 2022. Does the committee wish to draw the instrument to the attention of the Parliament under reporting ground J in relation to its failure to lay the instrument in accordance with lane requirements under the 2010 act? No members indicated that they are not content or that they should speak and so we are agreed. The Scottish Government has provided an explanation of all the reasons for the failure in both the letter to the upsetting officer and in response to the committee's written questions. All the committee's correspondence into today's instruments can be found in paper 3 of the online papers. Clearly, there is an issue between the Scottish Government and the UK Government in that particular regard. I suggest that we highlight that through the Subject Committee, where they will be planning to look at the instrument next week. If we were to highlight that to the Art Gallery Committee so that it can then take any decision that it wishes to do as a consequence. Does the committee have any questions or any points on that particular problem? No members indicated that they are not content or that they should speak and so we are agreed in that particular course of action. Finally, under the agenda item, no points have been raised on the following instrument. SSI 2021-489. Is the committee content with that instrument? No member has indicated that they are not content or that they should speak and so we are agreed. I will move the meeting into private.