 Welcome to the 13th meeting of session 6 of the Delegated Powers and Law Reform Committee. Before we move to the first item on the agenda, I would like to remind everyone present to switch their mobile phones to silent. The first item of business is to decide whether to take items 5 and 6 in private. Is the committee content to take these items in private? Yes. Under agenda item number 2, we are considering an instrument subject to the affirmative procedure. No points have been raised on the Draft Animal Health and Welfare Scotland Act 2006, Consequential Provisions Order 2022. Is the committee content with this instrument? Under agenda item number 3, we are considering instruments subject to the negative procedure. Issues have been raised on three of these instruments. The first is SSI 2022-107, Rural Support Controls Coronavirus at Scotland Regulations 2022. The instrument is made in an area formally governed by EU law. The purpose of the instrument is to remove certain provisions of the common agricultural policy and retained EU law, which are considered no longer appropriate or workable for Scotland, and to make changes to the inspection requirements for rural support schemes, including in light of the impacts of the coronavirus pandemic. In correspondence with the Scottish Government, the committee identified difficulties that arise from there being parallel texts or parallel versions of some of the legislation that is being amended. This has arisen because the legislation that is being amended was brought over from EU law into domestic law early on 31st January 2020, as it applies to direct payment support. The same legislation was brought over later on 31 December 2020, as it applies to agricultural support. Between those two dates, the legislation was amended as it applies to direct payments, which has resulted in some of the provisions saying a different thing in relation to direct payments and to agricultural support, respectively. In particular, the committee identified that it could be clearer what the effect is of the substitution made by Regulation 32 of the version of article 244 of the Commission on Implementing Regulation EU number 809-2014, as it applies to direct payment support and the version as it applies to agricultural support. The Scottish Government acknowledged in its response, which can be read online in paper 2, that the background to the legislation currently being amended creates an extremely complex position for the user of the legislation. In correspondence with the Scottish Government, the committee also asked whether the title of the Commission on Implementing Regulation, which is being amended, is missing in Regulation 31, which gives the number but not the name. The Scottish Government agreed that the full title is missing and proposes to include provision in a future SSI to insert the missing part of the title. Does the committee wish to draw this instrument to the attention of the Parliament on reporting around H? Meaning could be clearer insofar as the effect of the substitution made by Regulation 32 could be clearer. Does the committee wish to write to the Scottish Government to invite it to consider legislating to make it easier for the users to understand the provisions of Commission on Implementing Regulation EU number 809-2014, which apply differently in relation to direct payment support and to agricultural support? At the same time, does the committee wish to note the Scottish Government's proposal to include provision in a future SSI to insert the missing part of the title of Commission on Implementing Regulation 809-2014 into Regulation 31? The second instrument is SSI 2022-117, the National Health Service, Superannuation and Pension Schemes Miscellaneous Amendments Scotland Regulations 2022. The instrument makes temporary modifications until the 31st of October to existing regulations to ensure that healthcare professionals who have recently retired can return to work and those who have already returned can increase their hours without there being a negative impact on their pension entitlements. It also amends existing pensions regulations to insert new tables reflecting revised employee contribution rates from 1 April 2022. In correspondence with the Scottish Government, the committee highlighted that Regulation 13 provides that Regulations 2-5 come into force immediately after the expiry of section 46 of the Coronavirus Act 2020. Section 46 expired at the end of 24 March 2022, which is before this instrument was made at 10.30 am the following day. In response, the Scottish Government explained that it was intended that Regulations 2-5 have retrospective effect, but it was regrettable that this provision could be read instead as coming into force at the relevant date. In line with proper drafting practice, the instrument should have been made and then come into force with separate vision made regarding retrospective effect. Does the committee wish to draw this instrument to the Parliament under the general reporting ground for a failure to follow proper drafting practice as provision should have been made for Regulations 2-5 to retrospective effect rather than come into force prior to the instrument being made? In relation to the instrument, there has been a failure to comply with section 282 of the interpretation and legislative reform at Scotland Act 2010. That requires that instruments subject to the negative procedure are laid at least 28 days before the coming to force, not counting recess periods of more than four days. The instrument was laid on 25 March 2022 and came into force on 1 April 2022. Except for Regulations 2-5, as I have already mentioned. In correspondence with the Presiding Officer, the Scottish Government explained that it had consulted on regulations reforming the member contribution structure, which was due to come into force on 1 April 2022, highlighting that HM Treasury had been involved in the consultation process on the instrument. However, towards the end of the consultation process, HM Treasury changed its position and, on 18 February 2022, advised the Scottish Government that certain reforms, which had been proposed, should be delayed until 1 October 2022, because of the impact that they were set to have on lower and middle-learning NHS staff in the current economic climate. Alternative provision was required to extend the current member contribution rates in lieu of the member contribution reform, which was postponed by HM Treasury. Does the committee also wish to draw the instrument to the attention of the Parliament under reporting ground to J for failure to comply with laying requirements? The third instrument, where an issue has been raised, is SSI 2022-131, the non-commercial movement of pet animals Scotland amendment regulations 2022. The instrument temporarily permits the use of an alternative and quicker rabies antibody to attrition test. The instrument was made on 8 April 2022 and came into force the following day. It therefore breaches the 28-day rule in section 282 of the Interpretation and Legislative Reform at Scotland Act 2010. In correspondence with the visiting officer, the Scottish Government explained that a breach of the laying requirements had been necessary as urgent action was needed to relieve the pressures currently on quarantine facilities as a result of the high volume of pets entering the UK from Ukraine. Does the committee wish to draw the instrument to the attention of the Parliament under reporting ground to J for failure to comply with laying requirements? At the same time, is the committee content with the Scottish Government's explanation provided for the breach of the laying requirements? I am content with all that, convener, but it struck me that the very fact that it breaches the 28-day rule suggests very strongly that it has been rushed through for the reasons that have been outlined. That involves the use of a new test to test for rabies. It is a test that gives quicker results than the one that has been used. The one that has been used traditionally you get the results back in two weeks and this one you get the results back in two to three days. It strikes me that the lead committee—I am not sure what the lead committee is in this case, but whichever committee it is—should be looking at this and satisfying themselves that this new test is up to the job. I am sure that it is, but there is no reason to think otherwise. I think that that is something that the lead committee ought to be looking at, because, wherever the animals come from, it does not matter where they come from, you need to make sure that they are safe. Anyone else want to come in on this? I think that that is a fair point, Mr Simpson. I think that we can contact the lead committee with the points that you raised. Also, under the agenda item, no points have been raised on SSIs 2022, 111 and 130. Under agenda item number 4, we are considering instruments that are not subject to any parliamentary procedure. No points have been raised on SSIs 2022, 133 and 135. Is the committee content with these instruments? Does the committee wish to welcome at SSIs 2022, 135 fulfills a commitment given by the Lord President's private office to rectify referencing errors in SSIs 2021, 452 and 468 in respect of the sheriff's appeal court rules 2015 and 2021? I will move the committee into private.