Committee News

Issue 71, 6th June 2002

 

Education, Culture & Sport Committee
The completion of stage 1 of the School Meals (Scotland) Bill comes closer. The Committee considered all the evidence a fortnight ago and moved towards a draft report. The Committee also discussed general issues and future questions which it wanted to raise including:

The Committee meets in private this week to consider its draft stage 1 report on the School Meals (Scotland) Bill and proposals for a Committee bill to establish a Commissioner for Children and Young People.

 

Enterprise & Lifelong Learning Committee
Thursday’s Committee meeting will discuss the remit and work programme for its Tourism Inquiry, including the appointment of an adviser. In the papers for the meeting it is suggested that the Inquiry will cover such issues as how effective VisitScotland, the Area Tourist Boards, and the general tourism strategy are; whether the current budget is sufficient; the potential for e-tourism and niche marketing; and issues arising from the first year of the Euro and the impact of foot and mouth.

The Committee will discuss whether to take in private at its meeting on June 12th its response to the Minister on the progress and achievements of Local Economic Forums. The Committee will also consider the issues which is wishes to include in the Lifelong Learning Final Report.

 

Equal Opportunities Committee
No meeting a fortnight ago, but the Committee did hold a civic participation event in Aberdeen last week to discuss mainstreaming issues with local organisations.

 

European Committee
A fortnight ago, the Inquiry into Structural Funds continued, with evidence from the policy director of the Conference of Peripheral & Maritime Regions. This concerned the future shape of regional policy, in particular what forms of urban and rural support should be lobbied for in order to address regional disparities post-enlargement.

The Committee is very concerned by a letter from the European Commission regarding fishing policy. The letter implies that there could be a watering down of the Hague Preferences which protect historic Scottish fishing grounds.

The Committee is proposing to hold a public conference in the autumn on EU governance.

 

Finance Committee
Finance met twice a fortnight ago, completing evidence taking on Budget 2002-03. In the first session, CBI Scotland rejected Conservative claims that reducing Income Tax in Scotland would significantly benefit Scotland’s businesses. Director Iain McMillan said that: "There would be cost implications either way. The up-front costs that I referred to would have to be borne by business and others, whether the tax was varied up or down by half a penny, 3p or somewhere in between. ... The costs would be horrendous. Payroll systems would have to be amended and a suffix attached to the tax code of all those who were subject to the Scottish tax-varying power."

Opposition parties are arguing that it is essential that business rates are reduced. However, Peter Wood from DTZ Pieda Consulting stated that: "The rates burden is a very small proportion of overall costs and there is good evidence that rents tend to adjust to rates burdens — where rates are high, rents are low. Finally, the rates cost was such a small element relative to other factors bearing on the businesses — we could not find a business in Northern Ireland (where currently no rates apply) that said that it would leave Northern Ireland if it had to pay rates ... our work found that that particular cost item was not a powerful factor."

The Committee then met in Orkney on the Thursday, benefiting from workshops in the morning concentrating on local economic issues, before taking evidence from Finance and Public Services Minister, Andy Kerr, in the afternoon on the 2003-04 Budget.

 

Health & Community Care Committee
At its last meeting, the Committee considered petitions on issues including the proposed secure unit in Greater Glasgow Health Board Area and the opposition to the proposal by Fife Health Board to centralise specialised and high dependency units at the Victoria Hospital. It was agreed that further evidence should be sought on these issues. There were 2 petitions on organ retention and it was agreed to defer these until the Scottish Executive has responded to the report of the Independent Review Group on the Retention of Organs at Post-Mortem. There was also a petition on chronic pain issues and it was agreed to continue this item for a further report on possible courses of action.

The Committee discussed a number of items in private, including revisions to the text of its report on the School Meals Bill. The Committee made no recommendations on the Schools Meals Bill as it is a secondary Committee. It also considered the MMR expert group report and agreed to discuss this at a future meeting.

 

Justice 1 Committee
The evidence a fortnight ago on the Prison Estates Review covered three separate meetings. The first focussed on Peterhead. Christine Grahame (SNP) asked whether the governor of the prison would agree that refurbishment of the existing buildings was possible and that ending slopping out was not a priority. He was neutral in his responses. There was also discussion of the ongoing difficulties recruiting staff to work in Peterhead. Conflicting evidence was heard about re-offending rates by sex offenders and about whether Peterhead’s remoteness was a problem for throughcare.

The second meeting saw accountants give evidence. The Chartered Institute of Public Finance discussed the applicability of PPP to prisons, and agreed with members’ concerns regarding assumptions in the Estates Review documentation. Next came academics from Stirling and Strathclyde, who were followed by Premier Prisons. The latter defended themselves robustly against attacks, chiefly from the SNP, and pointed out that their starting salary for prison officers is actually higher than that in the SPS.

The third meeting heard from Justice Minister, Jim Wallace, and SPS Chief Executive, Tony Cameron. SNP members suggested that the Estates Review was not really necessary if more money were put into community sentences – the Minister argued that this was factored in to the decision to accept the lower estimate of future prison numbers. Tony Cameron argued that restrictive practices by his staff were responsible for the high projected costs in the public sector. The witnesses accepted that SPS performance on rehabilitation could be better. Mr Wallace advised that the recently vaunted French PFI model might not take risk off-balance sheet.

This week there are two meetings on the Prisons Estates Review. The first hears from a Canada-based academic involved in the review, the second takes evidence from Jim Wallace. The Committee papers include a report, the existence of which has been much discussed at previous meetings, arguing for the continued feasibility of a facility at Low Moss.

 

Justice 2 Committee
A fortnight ago the Committee considered the Criminal Justice Bill, with a marathon all day meeting focussing on clause 43 – the physical punishment of children – and clause 44 - allowing pilot use of children's hearings for 16 to 18-year olds. The British Psychological Society supported the Bill, showing that recent research indicates that light smacking in a loving context has no deleterious effects, but severe punishment, particularly with an implement (but also verbal) can cause behavioural difficulties on into adolescence.

The Scottish Human Rights Centre took an extreme liberal approach, arguing for a total ban on smacking and wide use of children's hearings for 17 and 18 year-olds, even for serious offences. Children's charities took the same view, but offered evidence from their work to back it up.

Interesting developments were the taking of evidence from the Scottish Youth Parliament (who want tougher action on young offenders) and two parents who had written opposing the Bill.

Different views were expressed during the day on the experience of Sweden, where a total ban has been in place longest.

This week’s evidence on the Criminal Justice Bill comes from organisations concerned with equality, and from the Crown Office.

 

Local Government Committee
A fortnight ago, the Committee continued with evidence on Renewing Local Democracy, hearing from Professor John Curtice and Fairshare. Prof. Curtice addressed three issues in response to a request from the Committee:

Not reaching many conclusions, Prof. Curtice discussed the difficulty of marrying the demand for a councillor-ward link (if this were a single councillor) to a proportional system; the limitations of all systems in delivering the key objectives; and the possibility of the Alternative Vote (AV) system increasing certain Labour majorities. The main thrust of his presentation appeared to be that in comparing First Past the Post (FPTP) and the Single Transferable Vote (STV) it is not that one is clearly majoritarian and the other is clearly proportional, but that this is an argument about degrees of proportionality and majoritarianism, stating that "the difference between them is much narrower than the debate commonly assumes."

Fairshare, a cross-party and non-party organisation which campaigns for the introduction of STV for Scottish local government elections, argues for STV on the basis that it believes it puts power into the hands of the voter and not the party (there being no party lists with STV), is proportional and strengthens the councillor-ward link. Although Fairshare are passionate about STV, their spokesman, Cllr. Andrew Burns, does state that: "Wider issues such as local government finance and local government powers will crack the problem. PR increases turnout, but it does not revolutionise it."

Also, following initial reservations, the Committee approved the draft regulations for the Marriage (Scotland) Bill.

This week, members begin stage 1 of the Local Government in Scotland Bill, taking evidence from CoSLA and the Society of Local Authority Chief Executives and Senior Managers (SOLACE), who have submitted a joint response), as well as the Scottish Executive. The Bill provides a statutory framework for Best Value, Community Planning and introduces a power of well-being, similar to a power of general competence. The Bill is widely welcomed, although SOLACE state they would welcome a power being given to Ministers to incorporate Community Planning Partnerships, provided all the partners agreed.

The Committee also returns to taking evidence on Renewing Local Democracy, hearing this week from SOLACE.

 

Public Petitions
A busy week a fortnight ago for Public Petitions, taking evidence on nuisance hedges with campaigners calling for legislation – it has since been confirmed that Scott Barrie (LAB) will bring forward a Private Member’s Bill on the matter.

The UK Men’s Movement gave evidence, accusing the Executive and the Parliament of "profound hypocrisy and double standards" in relation to domestic abuse campaigns. The debate got rather heated, with George MacAuley stating: "I am well aware of the feminist bias that exists in the Parliament and of the refusal to admit reality", leading to a request from the convenor for the meeting to "lower the temperature." He also claimed that "The Executive's campaign was meant specifically to demonise men, and fathers in particular." The evidence continued with similar accusations until the Committee agreed to write to the Executive raising concerns over the recent domestic abuse advertising strategy – in particular a dispute over the statistic used in some of the advertising.

The regulation of bus services in Midlothian was also raised. In the past, the Committee has suggested that petitioners contact Kenny McAskill (SNP) who has a Private Member's Bill on Bus Regulation. However, in this case members agreed to approach the Executive.

The Committee also returned to the Skye Bridge agreeing to seek further information from the Executive as to why the Skye bridge instrument was handled differently from all other orders.

A number of new petitions are considered this week, covering issues such as digital hearing aids, smoking in public places, planning procedures and a call not to agree to the use of the Cape Wrath range for large-scale military exercises. Members also return to current petitions on community involvement in planning process, among others.

 

Rural Development Committee
At its meeting in Huntly on Friday, the Committee will take further evidence for its Inquiry into integrated rural development. It will hear evidence from local farmers, business people, action groups, Grampian Enterprise, Banff and Buchan College and Aberdeenshire Council. It will also discuss some items of subordinate legislation.

 

Social Justice Committee
At its last meeting, the Committee took evidence form Deputy Social Justice Minister, Hugh Henry, on the operation of the Houses in Multiple Occupancy legislation. The Committee still wants further exemptions to be made on extensions, for organisations including Abbeyfield. This Executive is giving this consideration as part of its forthcoming consultation process on exemptions to the scheme, and the Committee will discuss the issue further once the independent advice commissioned by the Executive is available in the Summer.

The first evidence was also taken on the Debt Arrangement Bill. Karen Whitefield (LAB) asked Alisdair McIntosh, Head of Access to Justice Division, to outline the difference between the Executive’s proposals and poindings and warrant sales. Mr McIntosh highlighted the fact that for domestic cases there were significant extra procedures and safeguards. The bill creates "attachments" and "compulsory sales orders" but these cannot be applied until debt advice has been refused and no alternative payment plan agreed, and should only be used for domestic debt in exceptional cases.

This week, the Committee will take further evidence on the Debt Arrangement and Attachment Bill at Stage 1. It will hear a local authority perspective from the Finance Convener and Director of Finance of Dundee City Council, and a legal perspective from the Scottish Association of Law Centres, Glasgow Legal Services Agency and the Society of Messengers-at-Arms and Sheriff Officers.

 

Standards Committee
At its last meeting, the Committee discussed heritable property, as the Committee clerks finalise a bill on replacing the Members’ Interest Order. The Committee agreed that heritable income should only be identified in terms of a local authority area to protect the privacy of tenants.

In private, the Committee discussed the Scottish Parliamentary Standards Commissioner Bill and agreed to propose two amendments. The first amendment is to propose qualified privilege for anyone communicating with the Standards Commissioner during an investigation. The second proposes that that where a complaint is withdrawn at Stage 2 and the Commissioner considers that the complaint should nonetheless be investigated, the Standards Commissioner should have power to refer the decision on continuing the investigation to the Standards Committee. 

This week, the Committee considers papers on the scope and format of its proposed review of Cross Party Groups. In the papers it is suggested the review will consider such issues as the minimum number of MSPs in a group; the role of group secretariats; and monitoring groups and enforcing the rules.

The Committee will also consider a proposal for a Cross Party Group on Learning Disabilities, and a paper on the proposed appointment process for a Scottish Parliamentary Standards Commissioner.

 

Transport & the Environment Committee
The meeting a fortnight ago meeting had as its main item evidence from Tesco and Deputy Environment and Rural Development Minister, Allan Wilson, on aquaculture. Tesco revealed that, while Scots like to buy Scottish salmon, other UK consumers are not concerned about origin. The Minster indicated that the issue of planning controls over Crown Estate offshore would not, as the Committee had hoped, be part of the forthcoming Water Environment Bill.

There was also subordinate legislation devolving transport functions from Westminster (subsidy for ferries to Northern Ireland, and the power to develop rail services) and a public petition on transport in Aberdeen, which the Committee felt made a strong case. Other petitions trying to reopen the issue of the siting of mobile phone masts did not find favour.

Two meetings this week, both of which major on the Rail Inquiry. The first hears from transport academics and passengers’ representatives. The written submission from the Scottish Rail Passengers’ Committee is well-argued, suggesting that ‘shadow boards’ of stakeholders in a region could provide an alternative to vertical integration (where trains and track are held by the same company). They also have useful comments on the role of local authorities and linkages with bus services, and raise the issue of some of the increased land value from new transport links coming to the public purse. Along with the Scottish Association for Public Transport, they argue that there is still a legacy in favour of road building which will require taxation changes.

The first meeting also deals with subordinate legislation regarding ferries to the Northern Isles.

Evidence at the second meeting of the week comes from the railway companies. Their written arguments include:

The Committee then has a pile of public petitions. The long-running issue of the Carntyne incinerator in Glasgow is first up. The community is concerned in particular about cattle which may have BSE being incinerated – the Committee will not comment on a local case, which is what the petitioners want, but will have to decide if there are wider issues.

Once again the petitions process is used to circumvent planning law, with three separate petitions regarding local decisions on school playing fields. Again the Committee will not intervene.

 

Other Committee Homepages:

Audit Committee
Scottish Parliamentary Standards Commissioner Bill Committee
Subordinate Legislation

 

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