Scottish Parliament e-Brief

Issue 160, 23^rd June 2003

SECTION 1 - BUSINESS THIS WEEK

THE CHAMBER

IN COMMITTEE

·         Standards considers a complaint against Kenny MacAskill (SNP) and Tricia Marwick (SNP);

·         Health takes evidence on the Food Supplements (Scotland) Regulations 2003; and

·         Justice 2 considers the Vulnerable Witnesses (Scotland) Bill.

SECTION 2 - NEWS

Extra £2 million for 200 new primary teachers
An additional 200 primary school teachers are to be trained next year, it has been announced today.

The new trainees – funded through an extra £2 million – represent the Executive’s first step towards delivering its commitment of more teachers and smaller class sizes.

The Partnership Agreement, endorsed by coalition partners following the May election, promises:

• An increase in teacher numbers to 53,000 by 2007;
• A cut in P1 class sizes to 25; and
• Class sizes of 20 in S1 and S2 for Maths and English.

Today’s announcement will allow Higher Education Institutions (HEIs) to train an extra 200 primary teachers in 2003/04 – increasing the number of trainee primary teachers from 475 to 675.

The extra £2 million has been made available from end year flexibility in the 2002/03 education budget. Further increases in teacher training places will be phased in following further discussions with education authorities, HEIs and the Scottish Higher Education Funding Council.

 Full story

Planning appeals consultation closer
The consultation on widening the right of appeal in the planning system has moved a step closer with the first meeting of representatives of some of Scotland's key organisations to help the  Executive devise its consultation on the issue.

The Executive announced in March that it would ask the Scottish public about introducing 'third party planning appeals'. This will begin later in the year.

The Executive published the White Paper Your Place Your Plan in March 2003 which brought forward proposals for strengthening and enhancing public involvement in the land use planning system in Scotland.

The Partnership Agreement defines the subject of the consultation paper saying that the Executive will consult on new rights of appeal in planning cases where the local authority involved has an interest, where the application is contrary to the local plan, when planning officers have recommended rejection or where an Environmental Impact Assessment is needed.

The Group's remit is to assist the Executive in identifying issues to be covered in the consultation paper, to advise on how those matters can be fairly expressed and to advise on any matters arising from responses to the public consultation that may require further consideration.

A wide range of interests are represented on the Group. It is not expected to debate the arguments for and against widening the right of appeal. That will be properly addressed through the formal consultation process, which will then inform the Executive's decision on the outcome.

Full Story

SECTION 3 - NOTES ON THIS WEEK’S CHAMBER BUSINESS

The week’s Chamber Business begins on WEDNESDAY with an Executive debate on Modernising Justice.

Essentially, this debate centres on the Executive’s plans to reform the High Court of Justiciary, recently published following a four month consultation Lord Bonomy’s report into the Court’s practices and procedures.

The report identifies the need to create a system run for the people of Scotland, not for the convenience of lawyers. Accordingly, the Executive proposes to introduce the following changes:

·         The introduction of a mandatory preliminary hearing for all High Court cases at which the judge must ensure both the prosecution and defence are prepared for trial before a date is set. This would end the current situation where cases come to trial, are not fully prepared and the trial is suspended and re-scheduled to another date, thus wasting police and witness time and causing distress to the victim. 

·         To allow proper preparation by the Crown and the defence, the time-limit of 110 days for custody cases will run from when the accused is committed for trial to the new mandatory preliminary hearing. The trial must then start within another 30 days. This will remove the need for a case to be adjourned simply to meet the procedural time-limit. Where the time-limit is exceeded, the accused may be bailed, but will still face charges.  At present in such circumstances the accused could walk free.

·         Increase the sentencing power of the Sheriff Court to 5 years imprisonment.  As a result, around 20% of High Court cases could be dealt with in the Sheriff Court, leaving more time for the High Court to deal with the most serious cases like violent crime.

Click here for more information

The day is rounded off by a Member's Business Debate on Red Brae School from Conservative, Phil Gallie.

THURSDAY begins with some subordinate legislation in the shape of the Landfill (Scotland) Amendment Regulations 2003.

These regulations will further implement the provisions of EU Directive 99/31/EC.  The aim of the Directive is to prevent or reduce as far as possible negative effects on the environment from the landfilling of waste, by introducing stringent technical requirements for waste and landfills.

The regulations will:

·         Ban the disposal of corrosive and liquid wastes to landfill and ensure appropriate management of hazardous wastes;

·         Enable SEPA to set appropriate conditions for the protection of the environment and human health; and

·         Bring formerly unregulated dumps into the landfill regime.

They also give effect to a number of technical changes: adding partnerships as a legal entity under the regulations; tightening the definition of ‘waste’; and correcting some drafting errors.

This is followed by the final stage of the final stage of the Robin Rigg Offshore Wind Farm (Navigation and Fishing) Bill, which was postponed from 11^th June due to a procedural hitch.

See the original briefing in e-Brief 158 for more details.

In the afternoon, following Question Time and First Minister's Question Time, there is a debate on a Sewel Motion on the UK Fireworks Bill.

The Fireworks Bill is a Private Members Bill which has now completed its passage through the House of Commons.  The Bill was introduced by the Labour MP Bill Tynan and has cross-party support (including Lib Dem, Edward Davey; Conservative, Cheryl Gillan; and the SNP’s Michael Weir).  The Bill is supported by the UK Government, the Scottish Executive and CoSLA.  Because both reserved and devolved matters are involved, the Bill affords an opportunity to rid Scotland of the irresponsible use of fireworks without taking up Scottish Parliamentary time.

The Bill allows Ministers to make regulations in the following areas:

·         Prohibition of supply to persons below a specified age or purchase or possession by persons below a specified age;

·         Prohibition of supply, purchase, possession or use of fireworks during specified hours of the day, in specified places or in specified circumstances;

·         Prohibition of supply of specified fireworks;

·         Placing conditions on public firework displays;

·         Requiring the licensing of people involved in the supply of fireworks – conditions may include the time of year for which persons are licensed;

·         Information about fireworks, including warnings or instructions to be put on or accompanying fireworks;

·         Prohibition on people importing, completing the manufacture of or placing on the market fireworks unless they have complied with requirements of the giving of information; and

·         Provision of suitably recognised training courses.

The week in the Chamber concludes with a Member’s Business Debate on Valuing Carers from Irene Oldfather (LAB).

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