Scottish Parliament e-Brief

Issue 155, 24^th March 2003

SECTION 1 - BUSINESS THIS WEEK

THE CHAMBER

IN COMMITTEE
As this is the last week before dissolution, Committee business is fairly thin. However, of note:

• Health and Community Care will consider a letter from the Department of Work and Pensions on the subject of Hepatitis C.
• Justice 1 considers subordinate legislation, including the Zoos Licensing Act 1981 Amendment (Scotland) Regulations 2003.

SECTION 2 - NEWS

INCREASE IN NHS WORKFORCE
The number of staff employed by NHSScotland has increased by over 4,000, according to new figures out today.

The figures from the Information and Statistics Division show an across the board increase between 2001 and 2002 for medical and nursing staff. The figures do not include staff working in the primary care sector.

The figures show:

• A 956 increase in nursing and midwifery staff from 52,204 to 53,160;
• A 579 increase in medical staff from 7,990 to 8,569; and
• A 425 increase in the allied health professions from 7,289 to 7,714.

The statistics also show a 6.9% increase in scientific and professional grades (includes clinical psychologists and pharmacists) while the number of senior managers has been reduced by a further 52.

The ISD statistics are available on the NHSScotland website at www.show.scot.nhs.uk

Full Story

SPORT SCORES £30 MILLION
A regional network of state of the art multi-sport training facilities is at the heart of a facilities strategy launched by the Executive.

Sports Minister, Mike Watson, has announced that almost £30 million of funding - including resources of £16 million previously set aside for the Euro 2008 Bid - would underpin the strategy to develop a range of new or refurbished sports facilities across the country.

The network of regional facilities would include six indoor areas, one of which could also serve as a national arena.

This network would be complemented by two versatile municipal stadia.

Mr Watson emphasised that the plan in total would cost between £75 and £90m and delivery and is dependent on local authorities, sportscotland and others working in partnership with the Executive and contributing to capital and revenue costs.

Completion will take five years but the aim is for priority facilities to be under development as early as 2004.

Full Story

SECTION 3 - NOTES ON THIS WEEK’S CHAMBER BUSINESS

The last week of Chamber business of this Parliamentary term begins on WEDNESDAY morning with an Executive Debate on the Scottish Economy.

As, at the time of writing, the motion has not been published, the exact focus of the debate remains unclear. As always, however, the motion will appear in the Business Bulletin in due course and a transcript of the debate will be available in the Official Report from 08:00 on Thursday.

This is followed by a Member's Business debate on Promotion for First Division Champions from the Independent, Dennis Canavan.

The afternoon sees short debates on the final stages of a string of fairly uncontroversial bills.

First up is Stage 3 of the Council of the Law Society of Scotland Bill.

Although a Private Member's Bill tabled by Conservative leader, David McLetchie, it has all-party support.

The Bill clarifies the legal powers of the said Council to enable swifter and more independent handling of complaints against solicitors. It does this by allowing delegation of complaints to a sub-committee which can include non-solicitors. This clarifies uncertainty surrounding the Solicitors (Scotland) Act 1980 which governs the Law Society.

Click here to read the Explanatory Notes
Click here to read the Bill as amended at Stage 2

Next, there is the equally uncontentious Salmon and Freshwater Fisheries (Consolidation) (Scotland) Bill.

A special committee was established to consider this first piece of consolidating legislation to be put before the Parliament. The bill, as the name suggests, brings together the various pieces of existing legislation relating to salmon.

Click here to read the Explanatory Notes
Click here to read the Bill as amended at Stage 2

There is then Final Stage debate of the National Galleries of Scotland Bill.

This is a consensual measure which will allow the use of a small piece of land within Princes Street Gardens in Edinburgh to complete the improvements to the National Gallery and the Royal Scottish Academy (known as the Playfair project). No objections have been raised to the Bill.

A Private Bill promoted by the trustees of the National Galleries, the bill simply will give statutory authority to remove a piece of land from Princes Street Gardens and will disapply a restriction on the construction of buildings in the gardens, imposed in the City of Edinburgh District Council Order Confirmation Act 1991.

No amendments were lodged to the Bill and the Consideration Stage (Stage 2) lasted four minutes.

Three technical amendments have been lodged at the Bill’s final stage, on behalf of the Bill’s promoters.

Click here to read the Explanatory Notes
Click here to read the Promoter's Memorandum
Click here to read the Bill

Finally, the Parliament will consider the Commissioner for Children and Young People (Scotland) Bill at Stage 3. A slightly more substantial piece of legislation than some of those mentioned above, this Committee Bill creates the post of Commissioner for Children and Young People with the general function of promoting and safeguarding the rights of children and young people. This includes everyone in Scotland up to the age of 18 and those up to 21 who have been looked after by a local authority.

It is proposed that:

• The Commissioner will be independent, appointed by the Queen on the recommendation of the Parliament;
• Anyone who is an MSP, MP or MEP or has been in the previous year cannot be appointed; and
• The Commissioner will be able to hold office for a maximum of five years unless s/he is removed following a motion approved by two thirds of the Parliament.

In carrying out his or her general duty to promote and safeguard the rights of children the Commissioner is to:

• Promote an awareness of those rights amongst children, young people and adults;
• Keep under review current law, policy and practice relating to those rights;
• Promote best practice by service providers in relation to children and young people;
• Promote, commission and publish research;
• Undertake investigations; and
• Report to the Parliament.

The Commissioner is to have power to carry out investigations into how the rights, interests and views of children and young people are taken into account, but will not have the power to investigate the case of an individual child or young person. Any organisation or individual may suggest a matter for the investigation by the Commissioner who ultimately will make the decision about who to investigate.

To warrant an investigation the issue must constitute exceptional circumstances. It must also: relate to a devolved matter; concern the provision of services to children and young people; as far as possible not duplicate the work of existing organisations; and be of particular significance to children and young people.

The Education Committee (which introduced the Bill) has stressed that is not for the Commissioner to take on the role of other agencies; rather, it is for the Commissioner to ensure that those agencies give sufficient priority to the rights and needs of children and young people.

Stage 2

The Bill had its own committee for Stage 2 consideration which met once to consider amendments.

The Executive lodged amendments suggesting putting on the face of the Bill measures to:

• Encourage the Commissioner to work co-operatively with other organisations; and
• Impose a duty on the Commissioner to consult, and where appropriate to exchange information with, organisations which have similar functions.

Members of the Education, Culture and Sport Committee argued that the Bill already provided for the Commissioner to work with and consult other organisations and that these amendments might shift attention away from one of the central intentions of the Bill which is to work with young people. The Minister accepted these reassurances and the amendments were withdrawn.

Donald Gorrie (LIB DEM) lodged an amendment which would have instructed the Parliament to "consult and involve children and young people and organisations working with and for children and young people in the process of selecting a nominee." Education, Culture and Sport Committee members again argued that measures to include and consult young people were already included in the Bill and expressed concern that this amendment might mean those working in children’s organisations would be called on to comment on which of their colleagues might be most suitable for the post – this amendment was also therefore withdrawn.

Further Executive amendments were lodged which would have clarified the extent of the Commissioner's powers to investigate matters that may be before the courts, so that there would be no risk that any investigation by the Commissioner might be seen as interfering with the independence of the judicial decision-making process.

Education Culture and Sport Committee members again gave reassurances that this was unnecessary: Karen Gillon stated that: "I am quite clear - from reading the bill as drafted, and from taking into account existing legal rules that prevent interference - that there is no possibility that the Commissioner could have any investigatory remit in individual cases and court proceeding" and the amendment was withdrawn.

A further amendment would have broadened the Commissioner's ability to undertake investigations. However it was stressed that it was important that the Commissioner did not duplicate the functions of other organisations. This amendment was therefore also withdrawn.

An amendment from the Education, Culture and Sport committee was passed to place restrictions on the protection against actions of defamation accorded to the Commissioner and his / her staff to bring this into line with other similar posts.

Click here to read the Explanatory Notes
Click here to read the Bill as amended at Stage 2

The day is rounded off by a Member's Business Debate on Island Transport from the Lib Dems' Tavish Scott.

THURSDAY morning begins with an Executive debate on Closing the Opportunity Gap for Older People.

Again, at the time of writing, the motion has not been published. The exact focus of the debate therefore remains unclear. As always, however, the motion will appear in the Business Bulletin in due course and a transcript of the debate will be available in the Official Report from 08:00 on Thursday.

This is followed by a Member's Business Debate on the Great Northern Partnership and Social Inclusion Partnerships from Labour's Elaine Thomson.

In the afternoon, following Question Time and First Minister's Question Time, the final item of business in the first term of the Scottish Parliament is a Motion of Thanks to the Presiding Officer.

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