Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2019 - Motion to Approve

Part of the debate – in the House of Lords at 4:57 pm on 10 April 2019.

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Photo of Lord Duncan of Springbank Lord Duncan of Springbank Parliamentary Under-Secretary (Northern Ireland Office), The Parliamentary Under-Secretary of State for Scotland 4:57, 10 April 2019

My Lords, the noble and learned Lord, Lord Davidson, is quite right that this is a very short correction. In discussing this with my officials, we came up with the phrase “a technical tidy-up”, which is broadly what it is meant to do. The oversight mentioned by the noble and learned Lord—my word, I actually know the answer to this one—refers to the definition of “waters”. Because it was a reference to part of an earlier order, it was incorrect in so far as it did not encompass all of Scotland’s waters, but instead just the inshore waters. The purpose of this order is to ensure that, in essence, the entire zone out to 200 nautical miles is covered—the waters in their entirety.

As to the specific issues, there have been no occasions on which Scottish Ministers have been affected by this technical oversight. In essence, they have been exercising the powers as they assumed the provision had been drafted rather than as it was actually drafted. Only when we discovered that there was a technical problem did we recognise that this needed to be brought back to give clarity in law. So no outstanding appeals are affected in any way by this particular decision, and Scottish Ministers have not in any way been excluded from the decision-making process. In essence, we have just been diligent in correcting, literally, the letter of the law. On that basis, I commend the order to the House.

Motion agreed.

House adjourned at 5.01 pm.