Scottish Parliament e-Brief

Issue 104, 4^th March 2002

SECTION 1 - BUSINESS THIS WEEK

THE CHAMBER

IN COMMITTEE

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

• Enterprise considers its lifelong learning report in private.
• Equal Opportunities takes evidence from Deputy Social Justice Minister, Margaret Curran, and Deputy Finance and Public Services Minister, Peter Peacock, on the 2003/04 Budget.
• Procedures considers the delegated powers provision in the Tobacco Advertising and Promotion (Scotland) Bill.
• Justice 1 continues stage 2 of the Freedom of Information (Scotland) Bill.
• Audit takes evidence for its Inquiry into the Auditor General’s report ‘Overview of the National Health Service in Scotland 2000/01’.
• Local Government considers the Scottish Public Sector Ombudsman Bill at stage 2 and considers a petition on access to free and independent advice services.
• Transport & Environment considers its Aquaculture report in private.

SECTION 2 - NEWS

MAJOR SHAKE-UP FOR CRIMINAL JUSTICE SYSTEM
The most wide-ranging modernisation of the Crown Office and Procurator Fiscal Service for more than a generation was announced today.

The Lord Advocate, Colin Boyd QC, said the measures were specifically aimed at improving the quality of service delivered to the public and thereby improving the public’s confidence in the Crown Office.

A Management Review, commissioned last September because the Lord Advocate recognised the need for modernisation and injection of additional funds, was completed last week and forms the basis for the modernisation.

The measures announced by the Lord Advocate include:

• The creation of a new Chief Executive post and the immediate appointment of Robert Gordon from the Scottish Executive to take up that role from today;
• The appointment of the Regional Procurator Fiscal for Lothian and Borders, Norman McFadyen, as Crown Agent Designate;
• The recruitment of more prosecutors;
• Significant strengthening of management and admin support across the organisation;
• An improved management structure to provide more support to front-line staff;
• Enhanced IT services to remove some of the burden from staff;
• Strengthening other central services such as finance and personnel; and
• Reorganisation of the service into 12 areas - outside Strathclyde, these will follow police authority boundaries. Strathclyde police authority area will be divided into five.

Andrew Normand, currently Crown Agent, is moving today to undertake a major project for the Lord Advocate and Deputy First Minister on the integration of objectives of the various elements of the criminal justice system.

Full Story

GREENER FUTURE FOR NEW BUILDINGS
Stringent new standards to make Scotland’s new buildings greener and cheaper to heat come into force today.

Key changes to existing regulations are introduced today under the Building Standards (Scotland) Regulations. They include:

• Tougher thermal insulation standards for all new properties;
• Removal of the exemption for some conservatories from building regulation requirements; and
• More stringent standards for energy efficient domestic boilers and building services

This drive to improve energy efficiency will ensure that homes and other buildings are cheaper to heat while helping the UK meet targets to reduce greenhouse gas emissions.

The package also includes improvements to promote the use of sustainable surface water drainage systems to reduce incidences of flooding and pollution and changes to the technical standards on fire safety, to deal with the introduction of European fire test methods.

Before making or amending the Building Standards (Scotland) Regulations, Scottish Ministers are required to consult the Building Standards Advisory Committee (BSAC) and other bodies. The Executive proposals have the support of BSAC and the consultation exercise involved over 400 external consultees.

Full Story

SECTION 3 - NOTES ON THIS WEEK’S CHAMBER BUSINESS

WEDNESDAY sees another two Bills reach Stage 3. The first is the Sexual Offences (Procedures and Evidence) (Scotland) Bill.

Following the public concern which arose after several high profile rape cases in which the accused successfully conducted his own defence, the Scottish Executive began consulting on how to prevent this happening in the future.

The result is this Bill, which is intended to prevent the accused in rape or other sexual offences cases from personally cross-examining the complainer. This will be done by requiring the accused to have legal representation.

There are three other main provisions allied to this objective:

• Strengthening the existing law which restricts evidence regarding the sexual character and history of the complainer. There is a perception that the law as it stands has failed to prevent insinuations about the character of the complainer being introduced during trials.
• Prohibiting the accused from exercising their right (rarely used) to take a witness statement (‘precognition’) from the complainer in person. There is little controversy around this proposal, although once again many in the legal field believe that existing laws are adequate.
• Requiring the accused to give notice if they intend to use a defence that the complainer gave their consent. Notice must already be given for certain defences (so called "special defences" such as insanity, incrimination of another, and alibi).

This is followed by a very brief debate on stages 2 and 3 of the Fur Farming (Prohibition) (Scotland) Bill.

This short Bill (it only runs to 6 clauses) does exactly as it says – prohibits the breeding of animals for the purposes of fur farming in Scotland.

It is being introduced on animal welfare grounds – not just on behalf of the farmed animals, but in the interests of local livestock and wildlife, who are affected when animals such as mink either escape or are deliberately freed from the farms.

Click here to read the Explanatory Notes
Click here to read the Policy Memorandum
Click here to read the Bill as introduced

The day concludes with a Private Member's Debate on International Women's Day from Johann Lamont (LAB).

THURSDAY morning is dedicated to the two Conservative debates postponed from last week on The Scotch Whisky Industry and Community Care - Private Care Homes.

Although not yet confirmed, the former may be based around a Conservative motion which expresses concern over the UK Government’s decision, in an attempt to curb fraud, to apply "strip stamps" to Scotch Whisky products.

At the time of writing, the latter motion has not been published. Given the title, however, it is possible that it will focus on the funding dispute between private care homes and Local Authorities which was settled last Friday. (A £27m deal for the next financial year will increase the fees care home operators receive for looking after elderly people referred by councils from next month. Scottish Care, the umbrella group which represents about 800 private residential and nursing homes, said it would recommend its members accept a new funding package. £24m of the funds will come from the Executive and £3m from CoSLA.)

This, of course, remains to be confirmed. For further details of both debates, see the Business Bulletin or the Official Report from 08:00 on Friday.

In the afternoon, after Question Time and First Minister's Question Time, there will be an Executive debate on the Homelessness Taskforce.

This relates to the final report of the Homelessness Task Force, which makes 59 recommendations in total, including:

• Changes to homelessness legislation, which will ensure that all homeless people are entitled to permanent accommodation by 2012, (unless this right is suspended for a specific reason) and that homeless people can apply to any local authority in Scotland;
• All local authorities must provide access to a rent deposit or guarantee scheme by 2004. A national furnished tenancy network will also be established with the aim of creating 5000 additional furnished tenancies;
• Aspects of the benefits system will be reviewed by the Department of Work and Pensions to ensure that the needs of homeless people are recognised and taken into account;
• Local authorities and others must establish comprehensive crisis response systems to deal with the immediate issues facing homeless people. This will entail the provision of emergency accommodation, joint assessment of needs and appropriate referral on to relevant agencies;
• The use of B&B accommodation for families and the use of large-scale hostels will be eliminated; and
• Greater priority will be given to the meeting the healthcare needs of homeless people and to improving employment and training opportunities.

The Executive has fully endorsed the report’s recommendations and has pledged that every homeless person will be entitled to permanent accommodation by 2012. An extra £11 million has been allocated over the next two years to help implement the recommendations. Social Justice Minister, Iain Gray, has also said that efforts will be made towards ensuring space in the legislative programme in the current Parliament to deliver the report’s main findings.

A monitoring group will be set up to oversee the implementation of the plan.

Click here to read the report in full

The week's Parliamentary Business closes with a Private Member's Debate on Regeneration from Colin Campbell (SNP).

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