Committee News
Issue 92, 21st January 2003
Audit Committee
This week the Committee will receive a briefing from the
Auditor General on the Overview of the NHS in Scotland
2001/02 and consider its approach to the report. It
will take evidence on Dealing with Offending by Young
People from the Scottish Executive and the
Association of Directors of Social Work (ADSW) and will consider
a draft report on its Inquiry into How Government Works
in Scotland.
The NHS report received media coverage last week and is included in the papers for the meeting. The report states that 24 of the 28 trusts achieved the relevant financial targets in 2001 / 02 (5 more than in the previous year) and only 3 trusts failed to achieve the primary financial target of break-even. The report states that this would not have been possible without an additional £90 million being made available by the Executive and says the role of the new unified boards will be crucial to achieving financial equilibrium in the NHS.
There are also papers from ADSW and the Scottish Children’s Reporter Administration on Dealing with Offending by Young People. ADSW highlight the length of time taken to reach decisions on young offenders, say there are concerns over consistency in decision making and practice, and argue there is a need for new funding to develop a wider range of services. The Children’s Reporter Administration addresses these issues, saying it is to carry out an audit of decision making and will enhance partnership working to ensure effective co-ordination of resources and services.
Education, Culture & Sport Committee
Evidence on Gaelic last week started with representatives
of Scottish National Heritage and the National Museums of
Scotland, who both support the Bill’s general principles
(although the National Museums raised the question of the
resources needed to implement the Bill). The Committee then heard
from representatives of the Welsh Language Board, who stressed
that additional resources were essential for the support of any
minority language.
The Committee then discussed Brian Monteith’s (CON) request for an Inquiry into the McCrone report; it was decided that there was not enough time in the Committee’s work programme to do this properly.
This week the Committee will be taking further evidence on Mike Russell’s (SNP) Gaelic Bill from Culture Minister, Mike Watson; considering subordinate legislation on disability and education and inter-country adoption; and looking at petitions on free school transport. Written evidence from Mike Watson states that the Executive will not be supporting Mr Russell’s Bill. It believes that it would be inappropriate to support the Bill before Bòrd Gàidhlig na h-Alba has been established and has had the chance to consider for itself what might be achieved through legislation. It also believes that the geographical divisions proposed within the Bill are controversial within the Gaelic community and is not prepared to support a non-consensual Bill. It is also concerned about the financial implications of the Bill, which it believes is underestimated in the financial memorandum and, finally, believes that use of an ombudsman to enforce the provisions in the Bill would be inappropriate.
Enterprise & Lifelong Learning
Committee
Last week the Committee agreed in private its report on its
Inquiry into tourism and considered arrangements for the
launch.
European Committee
Last week’s meeting continued the Inquiry into Corporate
Social Responsibility (CSR), with evidence from business
organisations and the STUC. In the written submissions:
The Committee is set to pick up the issue of the regulation of food supplements and herbal medicine, on which some members are receiving correspondence.
Equal Opportunities Committee
Last week’s meeting saw the Committee hear evidence on mainstreaming
equalities from CoSLA, the SCVO and the Equal Opportunities
Commission. Issues raised included the need for equality impact
assessments; capacity building in the Executive itself, in local
government and in voluntary organisations; the need for examples
of good practice in mainstreaming equality; and the need for more
effective consultation with communities. Equality mainstreaming
as a central part of the Local Government Bill was also
raised, as was the need for reliable and realistic indicators of
progress in equalities.
The Committee then moved on to discuss Holocaust Memorial Day. The Committee has as yet received no response to a letter to the Executive regarding the involvement of the Gypsy Traveller community in the commemoration, despite repeated correspondence, and is keen to see that its omission from the ceremony last year is not repeated. It was agreed that the Convenor would write to Jack McConnell as First Minister as a matter of urgency.
Finally the Committee discussed its response to the Chhokar hearing in December. It was agreed that it would write to the Executive indicating that it would have supported a Public Inquiry being held into the case, asking the Executive to reconsider its decision not to hold one, and inquiring as to the criteria on whether to hold a public Inquiry.
Finance Committee
Last week the Committee met in private to discuss draft reports
on its cross-cutting reviews into Children in Poverty and Regeneration
as delivered through the Voluntary Sector. It agreed to
consider further drafts at its next meeting.
Health & Community Care Committee
Last week the Committee continued consideration of the Mental
Health Bill at Stage 2, and once more there was a
great deal of consensus.
The first group of amendments were on the issue of care and support services. Scott Barrie (LAB) proposed three amendments to place duties on local authorities regarding services for children and young people suffering from or at risk of mental disorder. Deputy Health Minister, Mary Mulligan, said the Children (Scotland) Act 1995 covered some of the issues raised in the amendments. Scott Barrie withdrew the amendments, but highlighted the need to cater for children with specific mental conditions who lose out because they fall into a broader category of children with emotional and other difficulties. The Minister said additional guidance on the issue could be brought forward.
Mary Scanlon (CON) brought forward an amendment to ensure that a person is not detained in hospital under an emergency detention certificate if he or she will accept treatment voluntarily. Mary Mulligan said this was already covered in the bill and would be stressed in the code of practice. The amendment was withdrawn. Another amendment on consent of Mental Health Officers in writing in relation to short-term orders was also withdrawn as it was pointed out this was not always practicable.
Amendments from Adam Ingram (SNP) on ensuring carers are kept informed during decision making processes on treatment were withdrawn after assurances from the Minister. However, he pressed two amendments on making adequate arrangements for patients who are discharged from hospital. The Minister argued this was already catered for in the bill and Mr Ingram’s proposals, which would mean continued detention, could breach human rights legislation. The amendments were defeated.
This week the Committee will meet twice to continue consideration of the Mental Health Bill at Stage 2.
Justice 1 Committee
Last week’s meeting continued the Inquiry into alternatives
to custody (i.e. not all community sentences, but to those
imposed in lieu of prison where the severity of the offence might
suggest incarceration). Discussion with social work academics
threw up the following points of interest:
Stage 2 of the Title Conditions Bill was technical and consensual, with no votes taken. Amendments to increase the rights of sharing owners in sheltered accommodation were passed, and concerns raised by the Church of Scotland regarding the sale of manses and glebes will be returned to at stage 3.
Also:
Subordinate legislation devolved additional powers to Scottish Ministers (declaration of past convictions, and financial support for water freight.)
A report on the Prostitution Tolerance Zones Bill was considered in private.
Justice 2 Committee
Last week’s meeting featured a private discussion of the
Crown Office / Procurator Fiscal Service Inquiry.
Also last week, subordinate legislation extended the sentences available for violent offences; the Committee received information from the Executive regarding an amendment to the Criminal Justice Bill to allow warrants to be issued by email; and there was discussion of an EU regulation concerning common enforcement of parental and matrimonial matters.
Local Government Committee
Last week’s meeting heard further evidence on Prostitution
Tolerance Zones. Glasgow City Council reiterated its support
for helping women out of prostitution and its rejection of the
Bill. Despite the operation of unofficial tolerance zones in
Glasgow, the council believes that accepting the Bill would imply
acceptance of prostitution per se. Lothian Health Board
representatives however stated that they had found the operation
of the tolerance zone in Edinburgh helpful and mentioned that in
Edinburgh, due to the operation of needle exchange schemes, to
their knowledge there has never been a confirmed case of HIV
being transmitted by a street worker. Glasgow Health Board
representatives, however, argued that there is no evidence that
the existence of tolerance zones has contributed to the
improvement of public health. Finally, the Committee took
evidence from representatives of Edinburgh City Council, who were
again supportive of the Bill as a means of harm reduction.
This week the Committee take evidence on the Bill from Deputy Justice Minister, Hugh Henry, and Margo Macdonald (SNP). The Executive is not taking a view on the Bill, stating that it will await the Committee’s conclusions. It does, however, suggest that further research and consultation on the issue is required.
Procedures Committee
Last week the Committee continued consideration of its Consultative
Steering Group Inquiry draft report. While there are areas of
the report where the Committee is coming to agreement, proposals
for a backbenchers Committee and changing the current voting
patterns in bureau do not seem to be gaining support. Next week,
a ballot for members business is likely to be proposed and the
Committee will discuss Sir David Steel’s letter on reform of
question times. His suggestions including empowering the
Presiding Officer to intervene to ensure Ministers are brief and
keep to the point of the question.
Public Petitions Committee
New petitions heard last week included those on premiums for
livestock, on funding for residential care places, on the
regulation of nursing homes, on autism, on solvent abuse –
from the Lee O’Brien Solvent Trust, and one from the UK
Men’s Movement on ‘Parental Alienation Syndrome’.
The Committee agreed to write to the Scottish Executive in each
case except that of the UK Men’s Movement where it was
decided to seek information on ECHR rulings on similar cases.
Current petitions under consideration included two on Gaelic, which the Committee agreed to recommend that the Education Committee regard as submissions to their Stage 1 Inquiry on Mike Russell’s (SNP) Gaelic Language Bill. Education is also to have the option of deciding whether to further consider the petition on the colour of the Saltire. The Committee also considered a petition on behalf of the Scottish Police Federation which calls for compulsory blood tests for those who have exposed or potentially exposed police officers to the risk of infection. It was decided to write to the Executive to recommend that it consults on this option as a matter of urgency and indicates a timetable for bringing forward any possible legislation.
Rural Development Committee
Last week’s meeting saw the Committee begin its
consideration of the Agricultural Holdings Bill at
Stage 2. An amendment from Stewart Stevenson (SNP) to extend the
minimum period of limited duration tenancies was defeated on a
division. Amendments from John Farquhar Munro (LIB DEM) regarding
increases of rent after a landlord has been forced by legislation
to carry out improvements to property and about who has
responsibility for fixed equipment on a tenancy were withdrawn
after assurances from the Executive that these issues would be
dealt with at Stage 3. A further amendment of his to outlaw the
practice of requiring a tenant to be resident was agreed to.
Several consensual amendments from the Executive were also agreed
to, including one which clarifies the procedure by which a tenant
can agree to diversify their land use.
Stage 2 continues this week.
Salmon & Freshwater Fisheries
(Consolidation) Bill Committee
This Committee has been established to consider the first
piece of consolidating legislation put before the Parliament
– the measure will bring together the various bits of
existing legislation relating to salmon. Special procedures
apply.
No report is available for last week’s meeting which questioned the Scottish Law Commission. This questioning continues this week, alongside considering the views of the Executive and the questioning of officials.
Social Justice Committee
The Committee began, and
ended, its consideration of the Homelessness Bill
at Stage 2.
Amendments from Robert Brown (LIB DEM) and Lyndsay Mcintosh (CON) around the provision of support services were rejected. Executive amendments were passed to deal with the Committee’s concerns about anti-social behaviour, allowing eviction of antisocial tenants holding a short Scottish secure tenancy (SST) and disallowing those with a proven history of anti-social behaviour from holding an SST. Jackie Baillie’s (LAB) amendment to prevent the use of B&B accommodation for families with dependent children was withdrawn by her following assurances from the Minister, but pressed by Kenny Gibson (SNP) and passed on a division.
Transport & the Environment
Committee
Subordinate legislation this week includes a Conservative
motion to annul the designation of a Nitrate Vulnerable Zone (NVZ)
in Nithsdale. John Scott (CON) is operating on behalf of the
National Farmers Union, while on the other side are the Executive
and environmental organisations.
An EU directive requires NVZs to be designated where nitrates reach a given concentration in groundwater. The effect is that farmers are restricted in their use of fertilisers and slurry. The NFU has commissioned scientific monitoring to show that nitrate concentrations are below the level requiring designation, but others differ.
There may also be discussion around the petition regarding organic waste spreading, although the Executive has now published proposals for restricting this and the Health Committee are in the lead.
Other Committee Homepages:
National Galleries of Scotland Bill Committee
Robin Rigg Offshore Wind Farm Committee
Standards Committee
Subordinate Legislation Committee
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