Written Question · S2W-08398 · Session 2
Further to the comments made by the Deputy Minister for Environment and Rural Affairs in the members' business debate on the Livestock Impr…
The question
To ask the Scottish Executive, further to the comments made by the Deputy Minister for Environment and Rural Affairs in the members' business debate on the Livestock Improvement Scheme on 19 May 2004 that the Department for the Environment, Food and Rural Affairs' legal advice is “categorical” (Official Report col. 8580, 19 May 2004), whether that advice will be published and, if the advice is not to be published, whether the Executive will provide a comprehensive statement of the conclusions reached.
The answer
I am not prepared to divulgethe terms of the legal advice to Scottish ministers and I am unable to provide thelegal advice obtained by DEFRA. However, I am willing to clarify the position asfollows:
State aids to agriculture are governed by the Community guidelines for state aid in the Agricultural Sector (2000/C 28/02). These guidelines indicated what aids to agriculture are permitted. As a general rule, the UK operates on the basis that what is not permitted is prohibited. The guidelines came into effect on 1 January 2000 and incorporated changes from previous guidelines. Member states were instructed to end or modify and re-notify state aids which did not comply with the new guidelines.
It will be apparent from the guidelines that they do not specifically provide for schemes operating in the way that the Bull Hire Scheme and the Ram Purchase Scheme operate. Nevertheless, it is possible to obtain approval for schemes which are not within the range of arrangements envisaged provided these are consistent with the general requirements governing what is permitted. However, in the case of the Livestock Improvement Schemes there are two requirements of the guidelines that the schemes cannot meet. Firstly the guidelines prohibit operating aids (paragraph 3.5 of the guidelines) and the Livestock Improvement Schemes which provide assistance without any requirement on the recipients to provide evidence of any outcome or output are bound to be seen as an operating aid which are simply intended to improve the financial situation of the producer. Secondly the guidelines are specific about the level of assistance which may be given (see paragraphs 3.10 and 4.1.1.8 of the guidelines). On the basis of that requirement the maximum level of assistance that would be eligible would be 50% of costs in the Less Favoured Area and 40% elsewhere.
The provisions of section 16 of the guidelines do not apply as the highlands and islands do not qualify as outermost regions for that purpose.
State aids to agriculture are governed by the Community guidelines for state aid in the Agricultural Sector (2000/C 28/02). These guidelines indicated what aids to agriculture are permitted. As a general rule, the UK operates on the basis that what is not permitted is prohibited. The guidelines came into effect on 1 January 2000 and incorporated changes from previous guidelines. Member states were instructed to end or modify and re-notify state aids which did not comply with the new guidelines.
It will be apparent from the guidelines that they do not specifically provide for schemes operating in the way that the Bull Hire Scheme and the Ram Purchase Scheme operate. Nevertheless, it is possible to obtain approval for schemes which are not within the range of arrangements envisaged provided these are consistent with the general requirements governing what is permitted. However, in the case of the Livestock Improvement Schemes there are two requirements of the guidelines that the schemes cannot meet. Firstly the guidelines prohibit operating aids (paragraph 3.5 of the guidelines) and the Livestock Improvement Schemes which provide assistance without any requirement on the recipients to provide evidence of any outcome or output are bound to be seen as an operating aid which are simply intended to improve the financial situation of the producer. Secondly the guidelines are specific about the level of assistance which may be given (see paragraphs 3.10 and 4.1.1.8 of the guidelines). On the basis of that requirement the maximum level of assistance that would be eligible would be 50% of costs in the Less Favoured Area and 40% elsewhere.
The provisions of section 16 of the guidelines do not apply as the highlands and islands do not qualify as outermost regions for that purpose.
In the Official Report
1 contribution mention S2W-08398-
25 Nov 2020Legal Advice (Publication)
I start by agreeing with Murdo Fraser when he sympathised with the complainers, which was entirely proper. Let us look at precedents in relation to the disclosure of legal advice. It is worth saying that these precedents all stem from a pe…