Scottish Parliament Committee News
Issue 149, 25th January 2005

 

Communities Committee
The Committee continued its evidence taking for the Charities and Trustee Investment (Scotland) Bill. There were 4 Panels of witnesses: Panel 1 comprised co-ops and housing associations; Panel 2, national collections institutions; Panel 3, universities and colleges; and Panel 4, charities. The co-ops and housing associations welcomed the proposals in the Bill, particularly the exemption of housing associations from OSCR Regulations. There was extensive evidence taken from Panel 2 ,who represented Scotland's National Museums, National Library, National Galleries, the Royal Botanic Gardens and the Royal Commission on the Ancient and Historical Monuments. These bodies were very concerned that if the bill was not amended, it would alter the status under which they operate at present. Any change in their charitable status, they said, would have serious consequences for their viability. It would also make it difficult for them to raise funds and maintain free access to the public to view the collections.  Government indemnity for the collections makes them accessible to everyone.  If commercial insurance rates were applied, however, the costs would be prohibitive and public access to fine art would be severely restricted.  Therefore, the NCI Panel argued that removing charitable status from the institutions will not serve the public benefit, nor improve the cost effectiveness of government.  The evidence taking will continue.

 

Education Committee
The Committee discussed the terms of reference for its forthcoming early years inquiry.  Issues included supporting low income families into employment with provision of training and childcare.

 

Enterprise & Culture Committee
A marathon meeting and a packed agenda saw the Committee question the Enterprise Minister on the Smart Successful Scotland strategy, Individual Learning Accounts and the Green Jobs strategy. Members welcomed the refresh of Smart Successful Scotland and expressed concern at how long it had taken the Executive to relaunch Individual Learning Accounts.  In response, the Minister stressed that the Executive was ensuring that they had the best system and that it was more effective against fraud.  The new ILAs have been welcomed by key stakeholders.

The Committee also heard from the Deputy Minister, Allan Wilson, on renewable energy.  The Minister was pressed to provide greater market incentives for marine energy.

Finally, the Committee took evidence on the Transport (Scotland) Bill and will discuss its draft report next week, when it will also hear from the SRU on the current crisis in Scottish Rugby.

 

Environment and Rural Development Committee
The Committee heard from the Minister on the European issues, including the Waste, Electrical and Electronics Directive; CAP reform; and integrated rural development.  The Committee also raised concerns regarding environmental protection in relation to chemicals policy, which is important for Scots industries and in terms of safeguarding human health.

Next week, the Committee will be having a round table discussion with experts on climate change.

 

Equal Opportunities Committee
Members heard evidence on the forthcoming Sewel motion on the Disability Discrimination Bill, which relates to new duties being placed on public authorities to eliminate discrimination and promote equality.

The Committee then continued taking evidence on the Prevention of Female Genital Mutilation (Scotland) Bill.  This raised issues surrounding the status of child refugees in terms of female genital mutilation and whether incitement to mutilate can be covered by the Bill.  There were also concerns raised about the provision in the Bill to allow the practice for mental health reasons.  While this is included to allow gender reassignment surgery, there is a concern that this is a loophole which could be exploited.

 

European and External Relations Committee
The main part of the meeting was taken in private, where the discussion centred on the finalisation of the Committee report on the promotion of Scotland. It was also decided that the next Committee Inquiry would be a short, focussed inquiry on the G8 and the UK Presidency, with the report being ready by April. The Committee also looked at the scrutiny of Section 57s (EU Directives) and the time taken to transpose them into UK Legislation.

 

Finance Committee
The Financial Memorandum for the Charities and Trustee Investment (Scotland) Bill was discussed. The Committee took evidence from SCVO, the Scottish Charities Regulator and Scottish Executive officials.

The Committee also agreed its draft report on the Financial Memorandum for the Transport (Scotland) Bill. A key finding was that, since there are major parts of the bill still out to consultation, respondents are unable to discuss fully the associated costs of the legislation. A particular example is uncertainty about the transitional costs needed by the regional transport partnerships and, accordingly, the Committee recommended that the Local Government and Transport Committee seeks further clarification from the Minister as to how local government will “secure the necessary resources”, and whether any mechanism will be put in place to ensure that this happens. More generally, the Committee was concerned that there is considerable disagreement between the Scottish Executive and SPT on the costs associated with this Bill.F

Finally, oral evidence for the Cross Cutting Expenditure Review on Economic Development has concluded. A draft report is due to be considered in February.

 

Health Committee
The Committee met in Stonehaven for the first of two evidence gathering sessions for its short inquiry into eating disorders.  The inquiry resulted from a petition from the North East Eating Disorders Support (NEEDS) group and the Committee heard from both them and a number of health professionals.  The need for better co-ordination of services for those suffering from eating disorders was highlighted to the Committee and there was also a call for increased availability of acute services.  The Committee will conclude taking evidence this week with questions to the Minister for Health and Community Care.  

 

Justice 1 Committee
The Committee met in seminar style and broke up into three separate groups to discuss the Protection of Children and Prevention of Sexual Offences (Scotland) Bill. This is proving to be a very complex piece of legislation as it moves towards Stage 1. The policy objective of the Bill is to create a new offence of sexual grooming of a person under 16 by an adult aged 18 or over. The Bill would also create risk of sexual harm orders, which are designed to protect children from those who display inappropriate behaviour towards them. Written submissions have already been received by the Committee and, in general terms, the proposals contained in the Bill have been welcomed. One area of concern which was discussed was the age limits of the victim and offender, the Bill provides for the age of the alleged offender to be 18 or over while the age of the victim must be under 16. A number of respondents considered that the age for prosecution should be lowered to 16.  The UK has signed the 2nd Optional Protocol to the UN Convention on the Rights of the Child, which requires state parties to criminalise child prostitution; child pornography; and child trafficking. There is also an EU Framework Decision which requires the same approach to child prostitution and child pornography.  Both of these define a child as someone who is under 18. At the present time, however, it is not a criminal offence to offer sexual services for payment or reward in Scotland.  There are several offences related to prostitution, such as soliciting, but these are not age related.

The Committee felt that the seminar style had proved a successful way to deal with the many complex issues that this Bill seeks to address and the evidence taking process will continue.

 

Justice 2 Committee
The Committee discussed further issues surrounding the Fire (Scotland) Bill, with Stewart Maxwell (SNP) raising concerns about some of the amendments which he said would open up the Fire Service to complete privatisation.  Unfortunately, as the meeting papers made clear, the issue about which he was concerned related to the special circumstances of fires at sea.  Mr Maxwell also talked about an amendment giving Chief Fire Officers the ability to employ non fully trained fire fighters, but again this was only relevant to special circumstances - in this case forest fires and fires in rural situations.

The Committee also considered evidence on the UK Inquiry Bill, which will come before the parliament as a Sewel.  There was also a briefing in private on the another UK Bill, the Serious Crime Bill, which centred on aspect of the setting up of a UK-wide Serious Organised Crime Agency.  The latter is likely to come back to the Committee for full discussion.

 

Local Government and Transport Committee
A marathon two day session saw the Committee take further evidence on the UK Railways Bill and agree unanimously to recommend a Sewel motion on the matter to Parliament.  The Committee also had a lengthy discussion on the details of the financial agreement between the Executive and the UK Government, with the Committee agreeing that the financial settlement was “fair and reasonable.”  The settlement will see around £325 million per year transferred to the Scottish Executive, along with the powers to manage and improve Scotland’s railways in the future.

 

Procedures Committee
The Committee considered the remit of its inquiry into the Sewel convention, which is certainly one to watch.  The Committee also discussed possible witnesses, with Lord Sewel himself and Scotland Office Minister, Anne McGuire MP, proposed.  As well as this, the Committee had a final review of oral questions in private and it is expected that the Committee will publish its long awaited report in the very near future.

 

Public Petitions Committee
Among new petitions to be discussed was one from Highlands and Islands Fire Brigade, calling for the retention of the current 8 fire control rooms in Scotland.  A response from the Executive stated that the Mott Macdonald report was being considered and the Chief & Assistant Chief Fire Officers Association confirmed that they were now looking at issues beyond the Mott Macdonald report.

 

Subordinate Legislation Committee
With Gordon Jackson (LAB) in the chair, the Committee agenda was dealt with swiftly. The main area of discussion centred on the Transport (Scotland) Bill and the Executive's response to a request for clarification sought by the Committee on certain aspects of the Bill. There was still some concern from Committee members about the low level of scrutiny the Parliament will have regarding a number of regulations, particularly in reference to the reinstatement of roads after work has been carried out. It was also felt by the Committee members that details of the new strategies guidelines on the Code of Practice should be laid before the Parliament. The Committee has asked for more clarification and comment from the Executive.

 

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