Committee News

Issue 83, 5th November 2002

 

Audit Committee
The Official Report is not yet available for last week’s meeting. The Committee received a briefing from the Auditor General for Scotland on the Audit Scotland work programme for the period 2003/04. The work programme includes Best Value in local government and studies on youth justice, special educational needs, modernising government and ward nursing.

The Committee also received briefings from the Auditor General on his reports Local Economic Forums: A Baseline Performance Statement’ and Measuring Up: A Follow Up Report on Performance Measures in the Scottish Environment Protection' on which the Committee will take evidence at its next meeting.

The Committee noted that a further report on Local Economic Forums would be produced by Audit Scotland in late 2003 for consideration by the Committee.

 

Education, Culture & Sport Committee
There is no Official Report available, but the majority of the meeting last week was taken up with evidence on the Budget Process. The Committee also considered correspondence on the take-over of the Herald group and agreed to write again to Parliamentary Under-Secretary of State for Competition, Consumers and Markets at Westminster, Melanie Johnson.

This week the Committee will be covering a wide range of topics, including evidence from Deputy Culture Minister, Elaine Murray, on museums; updates on Scotland’s languages and on the Roman remains at Cramond; and petitions on Health Education and Steiner Waldorf schools.

 

Enterprise & Lifelong Learning Committee
Last week, the Committee launched its Final Report on Lifelong Learning, following an extensive consultation process which included a conference to hear comments on the interim report.

The Official Report is not yet available for last week’s meeting. The Committee heard a presentation from its adviser to the Tourism Inquiry on the written evidence received. The main concerns raised in evidence include the effectiveness of VisitScotland post re-organisation; the size of the budget for tourism; ATBs working together more closely, offering a consistent service; and the provision of effective training in the industry and product development.

The Committee also took evidence on the Tourism Inquiry from Tourism Minister, Mike Watson. In a memorandum to the Committee, the Minister highlighted the Tourism Framework for Action and the two key strategic priorities for tourism – product quality and improving tourism employee skills and training.

 

Equal Opportunities Committee
At its last meeting, the Committee agreed that it would ask the Scottish Parliament Research Centre, SPICE, to do further research into the Equal Pay Reviews, in particular the review undertaken in the Welsh Assembly. It also agreed to look further at a paper sent by the Scottish Council of Jewish Communities identifying contradictions between what the CRE has said and what the Race Equality Advisory Forum (REAF) recommended about ethnic monitoring. It was also decided to send a message to the Chhokhar family on the anniversary of the death of Surjit Singh Chhokar; the Committee has arranged a preliminary meeting with the family. Finally the Committee agreed to the recommendations on marking the European Year of People with Disabilities in 2003: these include holding two additional meetings, sending a Committee representative to the official launch of the event in Athens and indicating its support for the holding of a civic participation event in December 2003. The rest of the meeting was held in private.

 

European Committee
The papers for this Committee now contain detail on all EU Council meetings. Whilst fascinating for those with an interest, it can be hard to determine what will be discussed at the Committee from the mass of paperwork. There will, however, be discussions this week on the Corporate Social Responsibility Inquiry and on Scotland’s representation in the EU.

 

Finance Committee
Last week, the Committee took evidence on the Mental Health Bill’s Financial Memorandum. Those giving evidence included the Mental Welfare Commission for Scotland, the NHS Scotland Board Chief Executives’ Group and Scottish Executive officials.

The Mental Welfare Commission is content with the financial provision indicated and it reported there had been good consultation with the Executive. However, it did point out concern about the allocation for local authorities, and said that it supported the ring-fencing of money for mental health community care. It also raised concern over recruitment of Mental Health Officers and the adequate resourcing of tribunals.

Jim Brown of the Scottish Executive Health Department reported that the Executive had sought to consult widely on the financial memorandum - including advocacy groups. There was currently a presumption that resources would not be ring fenced. The financial memorandum doe not assume that people will pay for services.

The Committee will consider its draft report on the Financial Memorandum for the Mental Health Bill at this week’s meeting. It will also take evidence on the budget process 2003-04. In his report, Arthur Midwinter welcomed the progress made in the improvement in financial management information shown in Building a Better Scotland. The Committee will take further evidence on the Financial Memorandum of the Homelessness Bill from the Scottish Executive.

 

Health & Community Care Committee
At last week’s meeting, the Committee took evidence on the Mental Health Bill from a wide range of organisations. These included the Law Society of Scotland, users’ groups and advocacy groups. The Official Report is not yet available for the meeting. However, what is coming through in the evidence, along with general approval of the principles of the Bill, is the patchy provision of advocacy services across Scotland and the problems of recruiting Mental Health Officers. Service users raised concerns over the stigma attached to Compulsory Treatment Orders, particularly for those in the community. There was also a discussion over the legal complexities of advance statements, particularly with regard to whether they should be able to be overruled on medical grounds when the statement had been made at a time prior to the patient’s incapacity.

At this week’s meeting, the Committee will take further evidence on the Mental Health Bill. The Sheriffs’ Association has submitted a paper on the creation of a Mental Health Tribunal for Scotland. The Association opposes the new specialist tribunal, arguing the appropriate forum for the authorisation of compulsory treatment orders should be a court of law, which they say is also cheaper and administratively easier. Children in Scotland welcomes the revision of the legislation but have concerns over areas including children’s rights with regard to consent to treatment.

The Committee will also take evidence on the Budget 2003-04. Papers on this item raise transparency of health spending and progress in identifying unmet need in relation to Arbuthnott. Finally, the Committee will receive a briefing from Health Minister, Malcolm Chisholm, on the Interim Report of the Expert Group on Compensation for NHS Injury, in relation to Hepatitis C.

 

Justice 1 Committee
Last week’s meeting majored on the Mental Health Bill, with evidence from legal academics. Discussion focussed on the detail of the treatment of mentally disordered suspects and offenders within the Criminal Justice System, with a view to making what is seen as a necessary bill non-discriminatory. Beneath the technicalities, the balance being sought is, as would be imagined, between the rights of an accused who is ill, and the demands of public safety.

Also last week:

This week the Mental Health Bill continues, with evidence from Enable (who represent people with learning disabilities) and the Crown Office. There are two issues for people with learning disabilities: firstly, their treatment when accused of an offence and secondly the need to protect them from sexual abuse. The Bill updates offences in the latter area. A memorandum from the Scottish Association for Mental Health argues for fuller implementation of the Millan Committee’s recommendations in the bill.

There will also be private discussion of the Title Conditions Bill, and the long running Inquiry into the regulation of the legal profession.

A joint meeting of the two Justice Committees considered a stage 2 report on the budget last week, entirely in private.

 

Justice 2 Committee
Two meetings last week, at both of which the Land Reform Bill continued its marathon stage 2. Part 2 of the Bill, which deals with community right-to-buy, was finally reached and topics raised included the definition and size of community bodies.

The second meeting had other business too, particularly petitions. The UK Men's Movement are receiving a sympathetic hearing regarding the need for siblings to stay in contact with each other; and Scottish Women Against Pornography will be asked to clarify their concerns regarding the display of obscene material.

This week either one or two meetings will conclude the Land Reform Bill, dealing with Part 3 on the right-to-buy of crofting communities. The Committee will also prepare for stage 2 of the Criminal Justice Bill.

 

Local Government Committee
Last week, the Committee took evidence on the Budget process from CoSLA who, while stating that they were enjoying a better working relationship with the Executive, stated that they still believed that there was a substantial funding gap for local authorities. The Committee also took evidence from Finance and Public Services Minister, Andy Kerr, and officials. Mr Kerr emphasised his determination to move away from ring fencing in local authority funding and working towards developing local outcome agreements. He also emphasised the importance of the Best Value process in achieving better delivery of services as well as value for money in Local Government.

The Committee then moved on to consideration of the Mental Health Bill, with evidence from Fife and Aberdeen Councils, Fife Advocacy, and Deputy Health Minister, Mary Mulligan. Fife welcomed the Bill but had some concerns over the level of resources that would be required to support it, not just in terms of finances but also of qualified staff. They also mentioned worries about resources for compulsory treatments. Aberdeen was concerned about the potential for charging contained in the Bill, in particular that this might be forced upon those undergoing compulsory treatment. They also were concerned about the resource implications of the Bill.

The main item in public at the Committee’s next meeting will be taking evidence on the Dog Fouling Bill which transfers responsibility for dealing with dog fouling from the police to local authorities. Witnesses include the Royal Environmental Health Institute of Scotland, the Kennel Club and the Environmental Wardens of the City of Edinburgh Council.

 

Procedures Committee
The Official Report is not yet available for last week’s meeting. The Committee considered a letter from Annabel Goldie (CON) on consideration of negative SSIs in relation to the timescale for motions to annul. The meeting agreed to seek the views of the Subordinate Legislation Committee.

The Committee also agreed to recommend a change to standing orders to permit petitions to be submitted in any language and to include this change in a future report to the Parliament.

The Committee agreed to recommend changes to standing orders on the Executive answering questions. Changes include clarification of the time periods within which written answers must be lodged.

Finally, the Committee agreed to the terms of the draft report on Constituting the Conveners’ Liaison Group in Standing Orders.

 

Public Petitions Committee
There are new petitions this week on tolls on the Erskine Bridge; planning applications; and social and recreational facilities for prison staff. Stock transfers are also featured this week, with two petitions on stock transfers in Glasgow and one on transfers in Hamilton. Finally, a number of transport issues are considered with petitions on the East Coast mainline, transport services around Kincardine and a call for a duty to be placed on local authorities to maintain unadopted roads and footpaths within village boundaries.

Also this week, responses from the Executive will be considered on a range of current petitions including the upgrade of the A75 and A77; the treatment of Autistic adults in psychiatric wards; the Executive’s own advertising on domestic abuse; the implementation of Environmental Impact Assessment procedures; a review of strategic planning; proposed amendments to the Scottish Public Services Ombudsman Act; and bankruptcy.

 

Rural Development Committee
No Official Report is yet available for last week. However, the Committee approved subordinate legislation on the Code of Recommendations for the Welfare of Livestock before moving on to the Agricultural Holdings Bill. There was also further discussion on Amnesic Shellfish Poisoning, with the Committee agreeing to invite Health Minister, Malcolm Chisholm, and Rural Affairs Minister, Ross Finnie, to attend a future Committee meeting to give evidence.

The Committee will be taking further evidence on the Agricultural Holdings Bill this week from a range of individuals, including the Scottish Tenant Farmers Action Group. Written submissions again focus on the right to buy and are again split along predictable lines: landlords argue that it will restrict the letting market and tenants, while welcoming the provisions contain in the Bill, argue that it should be strengthened so that the right to buy is absolute.

 

Social Justice Committee
Last week’s meeting took evidence from Executive officials on the Homelessness Bill before turning once again to Debt Arrangement & Attachment. Issues discussed around the Homelessness Bill included the need for an increase in the supply of housing if homelessness is to be tackled effectively; the definition of "priority need" in homelessness; and the provision of guidance on the new rights and responsibilities created by the Bill. It was agreed that the Committee could be involved in helping to develop such guidance.

Among those amendments to the Debt Arrangement & Attachment Bill which were accepted were those lodged by Cathy Craigie (LAB) to increase the minimum threshold for the amount of debt an exceptional attachment order can be used to recover from £50 to £100, and one from Karen Whitefield (LAB) which will give the assistance of lay representatives to all debtors who want to make applications to the court. This concluded consideration of the Bill at Stage 2.

The Committee is taking further evidence on the Homelessness Bill this week from, firstly, CoSLA, Glasgow City Council and Highland Council, and secondly, from the Scottish Federation of Housing Associations, the Chartered Institute of Housing and the Association of Directors of Social Work.

 

Standards Committee
This week’s meeting includes evidence from Christine Grahame (SNP) on a complaint in relation to Annexe 5 of the Code of Conduct, which relates to relationships between MSPs in terms of handling constituency interests. The Committee will then consider whether there has been a breach of the Code of Conduct.

The Committee will consider an issues paper on the Scottish Parliament Business Exchange which outlines, amongst other things, revised procedures for dealing with confidentiality agreements.

The Committee will also consider an application from Robin Harper (GRN) for a Cross Party Group on Business, Economy, Environment & Society, as well as a report from the Justice 2 Committee in relation to the unauthorised disclosure of the draft Stage 1 Report on the Criminal Justice Bill.

 

Subordinate Legislation Committee
There will be extensive points raised on the Mental Health Bill in due course, mainly around ECHR compliance.

 

Transport & the Environment Committee
Last week’s meeting considered the Building Bill introduced by Social Justice Ministers to improve building standards. Evidence came from professional organisations in the field: the Official Report is not yet available.

The Building Bill continues this week. In the advance submissions:

The Committee will also discuss next year’s transport budget, with evidence from the Minister, Iain Gray.

 

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