Committee News
Issue 86, 26th November 2002
Audit Committee
This week the Committee will take evidence on the Auditor
General’s report on performance measurement in Scottish
Environmental Protection Agency (SEPA) from the Scottish
Executive and SEPA officials. The Committee will also take
evidence on the Auditor General’s report How
Government Works in Scotland from
the Principal Finance Officer of the Scottish Executive.
Education, Culture & Sport Committee
The Committee has a full agenda for this week’s meeting.
First up is evidence taking on the Review of Sport 21,
with witnesses from sportscotland. The Committee is then looking
at papers from its reporters on Scotland’s museums and
Scotland’s languages before considering its approach
to Stage 1 of the Gaelic Language Bill. The
Committee will then be updated on the sale of the Scottish
Media Group, before finally considering publicity for the
proposed Commissioner for Children and Young People Bill.
The Committee has looked at the Museums paper once before; its main concerns are the lack of funding and associated lack of stability in the sector.
Amendments were accepted to Irene McGugan’s (SNP) report on Scotland’s languages at the Committee meeting on the 29th October. The amended report now contains sections on the secure status of Gaelic and emphasises the desirability of a "cohesive national languages policy".
The Committee will be looking further at languages when it considers its timetable for Mike Russell’s (SNP) Gaelic language Bill at stage 1: this would require specified public bodies to publish, maintain and implement a Gaelic Language Plan.
Enterprise & Lifelong Learning
Committee
This week the Committee will consider a draft report on its Tourism
Inquiry in private.
Equal Opportunities Committee
Most of this week’s
meeting will be held in private, with discussion of the
Committee’s approach to the Local Government in
Scotland Bill at stage 3 and consideration of a draft
report on the Sexual Orientation Inquiry.
The one item in public will be discussion of a report from the Committee’s sexual orientation reporter of a meeting held with the Equality Network and Outright Scotland. Issues raised included Donald Gorrie's (LIB DEM) proposed amendment to the Criminal Justice Bill which would extend the use of "racially aggravated offence" to cover offences aggravated by religious or sectarian prejudice. The Equality Network and Outright Scotland believe that if the law is to be extended in this way it should also be extended to cover other grounds such as homophobic crime or offences aggravated by gender based prejudice.
European Committee
Agendas for this Committee are now a large bundle of papers, many
of them routine, covering the various Council meetings and
directives. As usual with this Committee, no Official Report is
yet available. However, amongst the papers it is worth noting
Deputy Culture Minister, Elaine Murray, is leading for the UK on
the movement of cultural workers. There was also private
discussion of a report on the future of Europe; and there
will be a joint submission to the Convention on the Future of
Europe from a group of European Committees in devolved
legislatures.
Finance Committee
The Finance Committee was out and about last week, and met
twice. On Monday, the Committee met in Portree to discuss the budget
process. As well as taking evidence from Deputy Finance
Minister, Peter Peacock, the many local people who attended the
meeting in Skye had the opportunity to work with members in
workshops. This innovation proved to be a successful way of
getting local views. Issues raised included infrastructure,
match-funding, bridge tolls and the less favourable area support
scheme (which it was argued is not particularly favourable to
Skye). It was reported that the Arbuthnott formula has benefited
the NHS in the Highlands.
On Tuesday the Committee returned to Edinburgh to take evidence on the draft budget from Nicola Sturgeon (SNP). Sturgeon argued the budget should be amended to pay no-fault compensation to people who contracted Hepatitis C through blood transfusions by diverting EYF and reducing the capital programme. The Official Report is not yet available, but the Committee decided to seek the views of the Health Committee. It was argued that there had only been an interim report from the expert group, and that the submission should be considered in the context of the overall report on all the submissions.
The Committee considered the Stage 2 budget reports of the Committees. A common theme is the provision of additional figures to allow extra scrutiny.
Health & Community Care Committee
Last week the Committee took further evidence on GM crops from,
amongst other, Environment and Rural Affairs Minister, Ross
Finnie, and the BMA. The BMA argue GM crop trials should be
prevented from continuing and say more comprehensive risk
assessments are required. The Royal Society of Edinburgh call for
continued research but argue there is no scientifically proven
evidence of any threats of serious damage to public health.
Mary Scanlon (CON) raised a point of order regarding Nicola Sturgeon’s (SNP) appearance at the Finance Committee on the issue of Hepatitis C compensation, as she had not raised the issue previously at the Health Committee. The Convener is to write to her.
This week, the Committee will take further evidence on GM crops. Those giving evidence include Deputy Health Minister, Mary Mulligan; the Chief Medical Officer; the Food Standards Agency; the Scottish Crop Research Institute; and Bayer Crop Science. The SCRI argue that the current GM crop trials are consistent with a precautionary approach and they have confidence on the health impact risk assessments. Bayer Crop Science argue that GM oilseed rape is as safe as its non-GM counterparts.
The meeting will also consider a draft report Stage 1 report on the Mental Health Bill.
Justice 1 Committee
The bulk of last week's meeting was concerned with David
McLetchie’s (CON) Council of the Law Society Bill,
which has cross-party and Executive support. The Bill clarifies
the legal powers of said Council to enable swifter and more
independent handling of complaints against solicitors, by
delegating to a sub-Committee which can include non-solicitors.
This is backed by the Scottish Consumer Council, although the
Legal Services Ombudsman still thinks there is too much
discretion in the Bill as drafted. However, a number of
individual members of the public have written arguing that
solicitors should have no role whatever in policing their own
profession.
Subordinate legislation allowing civil legal aid for appeals to social security and child support tribunals was passed.
This week, the Committee starts taking evidence for its Inquiry into alternatives to custody. The Association of Directors of Social Work, somewhat unsurprisingly, ask for extra resources. An interesting paper discusses other European approaches: for example, Finland has dramatically reduced its prison population, but does not have a philosophy of rehabilitation.
Evidence also begins on Margo Macdonald’s (SNP) Prostitution Tolerance Zones Bill. Submissions from police organisations uniformly say that such zones would be a magnet for crime and that the Bill has many difficulties: the Police Federation are particularly hostile to "setting aside the law of the land" and argue that we must "challenge the notion that prostitution is inevitable."
Justice 2 Committee
Stage 2 of the Criminal Justice Bill continued
at two meetings last week. At the first, a series of amendments
to Part 1 on risk management of offenders were moved by Duncan
Hamilton (SNP) and backed by Bill Aitken (CON). The amendments
reflect the concerns of the Law Society, but would have the
effect of strengthening the rights of the accused and convicted
in a Bill which is meant to be about victims. The Committee
passed one amendment, which requires the disclosure of what
allegations are being taken into account in deciding whether to
impose an Order for Lifelong Restriction. A series of others were
disagreed to on the Convenor’s casting vote.
As yet, there is no Official Report for the second meeting, which approved the provisions on victim statements.
This week there are two more meetings on the Bill. Justice Minister, Jim Wallace, has written to confirm that clause 44 concerning 16 & 17 year-olds going to children’s panels will be deleted. There will also be evidence from Deputy Justice Minister, Richard Simpson, on wildlife crime.
Last week also saw further consideration of the Mental Health Bill. The Committee is satisfied with its justice provisions and has nothing to report to the Health and Community Care Committee (the lead Committee).
Local Government Committee
The Committee further considered the Local Government
in Scotland Bill at stage 2 last week. The amendments
passed included those to introduce rate relief measures for small
businesses and rural communities, measures which had been
announced by Finance and Public Services Minister, Andy Kerr, in
December, but which require primary legislation. An amendment to
introduce a new duty on local authorities to prepare integrated
waste management plans was also passed, with another from Bruce
Crawford (SNP) to make these include official recycling targets
rejected. A significant series of amendments were passed which
are intended to introduce the prudential borrowing scheme to
local government – giving local authorities more flexibility
and choice on the question of capital borrowing.
The Committee then took evidence on Renewing Local Democracy from Deputy Finance and Public Services Minister, Peter Peacock. The minister outlined the Executive’s proposal to publish a local government Bill, which will include the introduction of STV, prior to the elections in May. The Bill will also bring the minimum age for standing as a councillor down from 21 to 18, will make changes to remuneration arrangements for councillors and will amend the current legislation so that council employees no longer have to resign on nomination as a candidate, but only on election as a councillor.
Finally, the Committee took evidence on Tricia Marwick’s (SNP) PR Bill from the Scottish Borders Council and CoSLA; the former being broadly supportive and the latter definitely opposed.
This week’s meeting will see the Committee continuing to take evidence on the Local Government in Scotland Bill at Stage 2 before moving on to take evidence on Tricia Marwick’s PR for local government bill. Papers have been submitted from the Executive and from Professor Miller of Glasgow University, who will be giving evidence. The Executive is opposed to the Bill which it feels would cut across its own work and has had insufficient consultation. Professor Miller is sceptical about introducing PR at local government level at all and argues that the case for PR has yet to be proved.
Procedures Committee
Last week, the Committee continued its consideration of the Consultative
Steering Group Report, moving on to Accountability. The
Committee wanted to see the paper strengthened on a number of
issues, for example a comprehensive review in the next
parliamentary session of procedures for both primary and
subordinate legislation. Other issues of concern raised included
giving enough time for consideration of bills between stage 2 and
stage 3; allowing enough time for debates, including having some
over more than one day; more forward planning of business; the
drafting of bills and the workload of NEBU. The post-enactment
scrutiny work by the Social Justice Committee on the Housing Act
was commended and it was recommended this should be adopted as
procedure by all Committees.
This week the Committee will continue consideration of the report. It will also hear from Andrew Welsh (SNP) on a proposed change of remit of the Audit Committee as set out in Standing Orders. This is a technical amendment to allow it to properly consider all the Auditor General’s report.
Rural Development Committee
The Committee sandwiched a discussion of scallops between
two evidence sessions on the Agricultural Holdings Bill
last week, with witnesses from the Scottish Gamekeepers
Association, and Rural Affairs Minister, Ross Finnie.
Discussion of the Agricultural Holdings Bill once again focussed on the right to buy, with the gamekeepers urging the Committee not to introduce an absolute right. The Minister emphasised that the absolute right to buy was not a proposal contained within the Bill and stressed his concern that this proposal may in fact damage the pluralistic approach to agricultural tenancies that the Bill is intended to encourage.
Social Justice Committee
The Committee continued its consideration of the Homelessness
Bill with evidence from the Deputy Social Justice
Minister, Hugh Henry. This concluded the Committee’s
evidence sessions and it will produce its stage 1 report in mid
December.
Standards Committee
Last week’s meeting considered responses to the
Committee's consultation paper on Cross-Party Groups.
Issues raised included whether there should be tighter regulation
of the Groups by the Standards Committee, the lack of time
available for MSPs to spend on Group activities, and the possible
merging of some Groups. Following a discussion, the Committee
agreed to look at research to evaluate the effectiveness of
Cross-Party Groups.
The Committee also considered a report from Tricia Marwick (SNP) on a conference on lobbying. The Committee agreed to consider the Canadian model of lobbying at a future meeting. In private, the Committee considered a draft report on the Business Exchange. The report was published the next day and said the Exchange should cease to be an independent company and measures should be taken to improve its accountability and its openness. It also said there needed to be better guidance for MSPs. Also in private, the Committee considered a draft report on the complaint against Christine Grahame (SNP) and agreed to publish as soon as practicable.
Subordinate Legislation Committee
Two points from last
week’s meeting:
Transport & the Environment
Committee
Last week, stage 2 of the Water Environment & Water
Services Bill continued. There was intense discussion of
wetlands. The issue is whether or not the word
‘wetlands’ should be included in the definition of
"the water environment" in the Bill. The Committee says
yes, and passed amendments to this end. Deputy Environment
Minister, Allan Wilson, however, is equally determined that this
would bring in vast areas such as peat bog which are not the
proper subject of the Water Framework Directive, and the
Executive will continue to resist. Executive amendments on flood
management were passed.
There was also private consideration of the report on the Building Bill.
This week, the Water Bill continues. There is also subordinate legislation authorising the release of genetically modified organisms, made all the more tricky by the insistence of the Subordinate Legislation Committee that aspects of the order are reserved and hence ultra vires.
Other Committee Homepages:
Public Petitions Committee
Robin Rigg Offshore Wind Farm Committee
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