UK MINISTERS ACTING IN DEVOLVED AREAS
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118 - The Food and Farming (Amendment) (EU Exit) Regulations 2019 Laid in the UK Parliament: 14 February 2019 |
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Sifting |
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Subject to sifting in UK Parliament? |
Yes |
Procedure: |
Proposed negative |
Date of consideration by the House of Commons European Statutory Instruments Committee |
Not known |
Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee |
25 February 2019 |
Date sifting period ends in UK Parliament |
5 March 2019 |
Written statement under SO 30C: |
Paper 60 |
SICM under SO 30A (because amends primary legislation) |
Not required |
Scrutiny procedure |
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Outcome of sifting |
Not known |
Procedure |
Negative or Affirmative |
Date of consideration by the Joint Committee on Statutory Instruments |
Not known |
Date of consideration by the House of Commons Statutory Instruments Committee |
Not known |
Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee |
Not known |
Commentary
These Regulations are proposed to be made by the UK Government pursuant to section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018.
These Regulations make amendments to EU legislation concerning genetically modified organisms, wine, spirit drink and direct payments. The amendments consist mostly of technical changes which maintain the operability of the relevant legislation in the context of the UK having left the European Union and thus being a ‘third country’ in respect of the EU. These Regulations also make amendments to retained EU law on Geographical Indicator (GI) schemes. GIs are a form of intellectual property protection for the names of agricultural, food and drink products, the qualities or characteristics of which are attributable to the region or locality where they are produced and/or the traditional methods by which they are produced. Examples include Welsh Lamb, Scotch Whiskey, Irish Cream and Kentish Ale. Legal Advisers make the following comments in relation to the Welsh Government’s statement dated 19 February 2019 regarding the effect of these Regulations:
“This instrument transfers functions to the Secretary of State. Functions transferred to the Secretary of State constitute functions of a Minister of the Crown for the purposes of Schedule 7B to the Government of Wales Act 2006. A future Assembly Bill seeking to remove or modify these functions could trigger a requirement to consult the UK Government.”
The above summary and the content of the Explanatory Memorandum to these Regulations confirm their effect and the extent to which these Regulations would enact new policy in devolved areas.
Legal Advisers draw attention to paragraphs 3 and 4 of the above commentary on the statement by the Welsh Government in relation to paragraph 8 of the Memorandum on the European Union (Withdrawal) Bill and the Establishment of Common Frameworks.
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