I am amazed at what is happening regarding the SI 843. If my memory serves me right you found out about the SI in England and it was only through your pushing that it eventually turned up for public viewing.
We have been trying to establish whether it exists in Wales and Scotland.
In Wales nothing appeared on the relevant websites and it was only after a fortnight of Janet Hughes pushing for answers that suddenly the SI has now appeared.
My contacts in Scotland were adamant that there was no SI in Scotland. With Ross Finnie assuring them that there 'will be no changes made to the law until all the Reports on FMD were published' But the SI(Scotland) Regulations were written in July prior to the Reports being published.
This is so underhand. In all three Countries they have tried to hide the existence of the SI - they know it is ultra-vires to the parent laws.
Nothing this Government does fails to amaze me anymore.
I enclose for your information a factsheet on the Welsh SI from Janet Hughes.
As from 27th May 2002 there have been TSE (Wales) regulations in place. However, the regulations have not been available either on the Welsh Assembly website or the HMSO website of legislation.
A draft copy of the regulations has now appeared on the internet, and they are mainly identical to those in England, the most serious aspect again being that TSE ‘susceptible’ animals may be slaughtered. If someone has had difficulty in obtaining a copy the draft regulations are on www.google.com
“TSE (Wales) regulations 2002” - the last of three entries.
A chap in the Assembly Animal Health Dept. told me this week that there had been delays in printing but two months seems a very long delay indeed before the legislation may be in the public domain. A man in the Stationery office has contacted the Assembly and has been told that they hope that a copy will be available in a week. He was not impressed either and said that usually Statutory Instruments are available to the public before they become enforced.
If someone wishes to contest the regulations in Wales they have until 24th August 2002. A claim for Judicial Review would need to be put in before 24th August –within 3months of the regulations being made.
Apparently the (Wales) regulations were drawn up by the ‘executive procedure’ according to the then Minister of Agriculture & Rural Affairs, Carwyn Jones. Complaints were made by members of his Committee because they had not been able to debate the issue before the regulations became law over here.