Scottish Parliament e-Brief

Issue 101, 11^th February 2002

SECTION 1 - BUSINESS THIS WEEK

THE CHAMBER

IN COMMITTEE

The main items of business in the Committee Rooms this week are:

• Justice 1 continues stage 2 of the Freedom of Information Bill.
• Public Petitions is called on once again to consider the Wild Mammals Bill.
• Subordinate Legislation takes evidence from David Mundell (CON) and Murray Tosh (CON) on the delegated powers provision in the Wild Mammals Bill.
• Local Government considers its Inquiry into Local Government Finance in private.
• Procedures continues taking evidence for its CSG inquiry.
• Equal Opportunities takes evidence from Deputy Social Justice Minister, Margaret Curran, on disability issues.
• European is being updated on the Committee of the Regions plenary and Commission meetings from last week.
• Enterprise meets twice to consider its lifelong learning inquiry in private and take evidence on the Tobacco Advertising and Promotion Bill.
• Rural takes evidence from Rural Development Minister, Ross Finnie, on foot and mouth.

SECTION 2 - NEWS

FUNDING FOR TENANCY RIGHTS
Scotland's Registered Social Landlords - including more than 180 housing associations - and all 32 local authorities in Scotland have been given details of cash allocations to help them implement new and improved tenancy rights coming into force later this year.

The Executive wrote to social landlords on Friday to advise them of their share of a £10 million fund set aside by the Executive last year to assist the organisations bring in a new national single tenancy for the social housing sector on 30^th September. The Scottish Secure Tenancy (SST) will ensure that social tenants enjoy improved - and for the first time, equal - rights across Scotland.

The SST will replace the existing secure tenancy and assured tenancies for all tenants in the social rented sector (councils and registered social landlords) from 30^th September 2002.

The SST combines features of the existing tenancy regimes with new rights including:

• A modernised right to buy which reforms the discount system for new tenancies;
• Extension of the right-to-buy to RSL tenants but with safeguards for landlords where this is necessary;
• A new right to hold a tenancy jointly with another person;
• A new right to exchange a house with another tenant;
• New extended rights for members of a household, including carers, to inherit a tenancy;
• Stronger rights for tenants to consultation and information, including a new statutory right for tenants to be involved in decisions by their landlord that affect them such as rent and service charge increases; and
• New probationary-style short Scottish secure tenancy for tenants on Anti-Social Behaviour Orders or who have a history of anti-social behaviour - with support to convert to full tenancy.

The SST comes into force under provision of the Housing (Scotland) Act 2001, which received Royal Assent in July 2001.

This Act – the largest and most technical legislation to be passed to date by the Scottish Parliament – is the legal framework allowing the Scottish Executive to implement its wide-ranging blueprint for transforming housing in Scotland.

SST implementation assistance funding worth £10 million was announced by the Scottish Executive last year. Communities Scotland - the new Scottish Executive communities regeneration agency which replaced Scottish Homes in October last year - will administer the resources and monitor outcomes.

Full Story

BANKING ON A DRUG-FREE FUTURE
Financial backing for a Lloyds TSB Foundation programme which supports vulnerable children and young people affected by drugs misuse has been announced.

The Executive has allocated £2m to the Foundation’s Partnership Drugs Initiative, which promotes voluntary sector work with young people at high risk from drugs problems.

The resources announced today have been made available from the Budget consequentials for drugs initiatives for young people. They will be allocated over three years. Lloyds TSB provides £1.5 million for the Partnership Drugs Initiative and Atlantic Philanthropies (a charitable trust) contributes £1 million.

Recognised charitable organisations are eligible for funding and the application process is channelled through local Drug Action Teams (DATs), which bring local authorities, health boards and trusts, the police and local drugs services together. Funding is allocated on a matched funding basis.

Lloyds TSB Foundation for Scotland received in excess of £7 million from Lloyds TSB Group’s pre-tax profits to support charitable activities within Scotland in 2001.

Full Story

SECTION 3 - NOTES ON THIS WEEK’S CHAMBER BUSINESS

With no fewer than three Bills reaching their final stages this week, a very busy week in the Chamber begins on WEDNESDAY with Stage 3 of the Protection of Wild Mammals (Scotland) Bill.

One of the most controversial pieces of legislation to be considered by the Parliament so far, the Bill essentially aims to stop the hunting of wild mammals with dogs. This simple objective, however, raises a whole number of issues and significant amendments were required to ensure that the appropriate use of dogs in the management of the fox population is not criminalised.

A number of contentious amendments were passed at stage 2, which supporters of the Bill will seek to reverse during Wednesday's estimated six hour session. Indeed, some of the amendments have generated comment as members argue that they run counter to the general principles of the Bill (they allow foxes to be hunted with dogs on horseback) and should not have been admissible in the first place. This argument is likely to be replayed during the debate.

In light of the above, a number of amendments to close what they see as the loopholes created in the Bill at Stage 2 have been tabled by supporters of the Bill. Some have the backing of the Executive, which has been working to give effect to the will of Parliament and ensure workable legislation.

The situation, however, is fluid and the exact shape of the debate will not become clear until the publication of the Marshalled List of Amendments later in the week. (See the second link below.)

Click here to read the Bill as amended at Stage 2
Click here for a list of the accompanying documents

Due to the length of time final consideration of the Protection of Wild Mammals Bill is expected to take, there will be no Member's Business.

THURSDAY sees another two Bills. The first is the Stage 3 Debate on the Water Industry (Scotland) Bill.

The Bill will restructure Scotland's water industry by transferring the three existing water and sewerage authorities to a single new public authority which will have a wider range of powers than the existing authorities - Scottish Water. The Bill also provides for the appointment of a drinking water quality regulator to ensure that the new authority and private water suppliers comply with statutory requirements. Provision is made for enhanced customer consultation under the supervision of the water industry Commissioner.

This restructuring is required as the water industry is facing very severe challenges. For example:

Investment in Scotland’s water and sewerage networks is needed urgently.
£2 billion is required over the next few years to meet the standards demanded by European and national legislation, and to make up for decades of low maintenance and poor quality infrastructure.

Competition is playing an even greater role in the water and wastewater services market.
The Competition Act 1998 means that the water industry must be opened up to competition and the monopoly of Scotland’s water authorities will have to be removed. Already water companies from England and further afield are seeking and winning commercial business in delivering water and sewerage services.

The fear is that Scotland’s water will suffer if action is not taken. The main risks are:

• More burst mains and interruptions to the water supply;
• Risks to public health from cryptosporidiosis;
• Contamination of Scottish beaches and rivers, with knock-on effects for the tourism industry; and
• The Risk of expensive action in the European courts.

The Bill is in 3 parts.

Part 1 develops the role of the Water Commissioner, established under the Water Industry Act 1999, as the guardian of the interests of water consumers. This is so that, were competition to result in new providers entering the Scottish water market, the Commissioner would have the same duties and responsibilities in respect of their customers as Scottish Water’s.

Part 2 allows the appointment of a Drinking Water Quality Regulator. This will parallel the Drinking Water Inspectorate already in existence in England & Wales. Responsibilities will include monitoring regulations and ensuring compliance.

Part 3 is more extensive and establishes Scottish Water. It details its financing, powers and duties. Essentially these are those of the existing three authorities, augmented by the ability to trade commercially while remaining in the public sector.

Click here to read the Bill as amended at Stage 2
Click here for a list of the accompanying documents

The Water Industry Bill continues after Question Time and First Minister's Question Time. This will be followed by Stage 3 of the Budget (Scotland) (No 3) Bill.

The Budget is the formal way in which Scotland’s £21.1 billion of resources are allocated for the financial year 2002 – 2003. This debate is the final stage of Budget Bill, which in itself represents the final stage of the budget process.

For a good background briefing, see the Stage 1 debate.

Click here to read the Bill in full
Click here for the accompanying documents

The day concludes with a Member's Business debate on World Heritage Site Status for the Cairngorms from Elaine Thomson (LAB).

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