Scottish Parliament e-Brief
Issue 234, 21st February 2005

SECTION 1 - BUSINESS THIS WEEK

THE CHAMBER

Wednesday 23rd February 2005

14:05 – 16:00

Stage 3 Debate: Fire (Scotland) Bill

16:00 – 17:00

Preliminary Stage Debate: Edinburgh Tram (Line Two) Bill

17:00 - 17:30

Member’s Business: Responses to Extreme Weather Conditions in the Western Isles (Alasdair Morrison (LAB))

 

 

Thursday 24th February 2005

09:30 – 10:45

Scottish Green Party Debate: Energy Efficiency

10:45 – 12:00

Scottish Green Party Debate: Identity Cards

12:00 – 12:30

First Minister's Question Time

14:00 – 15:00

Question Time:

* Education and Young People, Tourism, Culture and Sport;

* Finance and Public Services and Communities; and

* General Questions

15:00 – 16:00

Procedures Committee Debate: Final Review of Oral Questions

16:00 – 17:00

Standards Committee Debate: Replacing the Members’ Interest Order

17:00 – 17:30

Member’s Business: Scottish Civic Forum (Linda Fabiani (SNP))

 

IN COMMITTEE
This week’s likely highlights in the Committee Corridors include:

Tuesday 22nd February 2005

AM

Audit
 

The Committee takes evidence for its inquiry into the section 22 report by the Auditor General for Scotland on the National Galleries of Scotland.
 

 

Equal Opportunities
 

A draft Stage 1 Report on the Prohibition of Female Genital Mutilation (Scotland) Bill is considered.
 

 

Finance Committee
 

The Executive’s new Relocation Guide and its Efficient Government Initiative are on the agenda.
 

PM

Enterprise and Culture
 

Stage 2 of the Further and Higher Education (Scotland) Bill begins.
 

 

Environment and Rural Development
 

The inquiry into climate change continues.
 

 

European and External Relations

The Committee will take evidence on Scotland's contribution to the G8 Summit and the UK Presidency of the EU in 2005.
 

 

Justice 2
 

The Committee will consider correspondence from the Convener of the Equal Opportunities Committee in relation to a petition on behalf of Scottish Women Against Pornography, calling for the Scottish Parliament to define pornographic material as incitement to sexual hatred and to make such incitement an offence similar to that of incitement to racial hatred.
 

 

Local Government and Transport
 

Gordon Dewar, Commercial Director of First ScotRail, gives evidence.
 

 

Health
 

A vast array of witnesses give evidence on the Smoking, Health and Social Care (Scotland) Bill.
 

Wednesday 23rd February 2005

AM

Public Petitions
 

New petitions cover topics including proposals by the UK Environment Agency to introduce a rod licence system on the Border Esk; legislation to provide third parties with a right of appeal in planning applications; and using playing field land for development purposes.  The Committee also returns to petitions including those on consultation arrangements regarding school closures and mergers; the Code of Conduct for Councillors regarding planning applications; and greenbelt protection.
 

 

Education
 

The Committee discusses the annual report of The General Teaching Council for Scotland.
 

 

SECTION 2 - NEWS

Antisocial behaviour campaign

A public information campaign to help people use the new Antisocial Behaviour laws to stand up to nuisance neighbours and vandals was launched today.

The awareness campaign, Standing Up to Antisocial Behaviour, includes local newspaper, bus and radio advertising and an information leaflet for every home in the country. The adverts will point people in the direction of sources of information about the measures in the Antisocial Behaviour etc. (Scotland) Act 2004 and the leaflets will include contact details for local sources of further information.  Information about antisocial behaviour more generally is available at http://www.antisocialbehaviourscotland.com.

Measures in the Act started to take effect from 28th October.  A timetable for commencement of every part of the Act is set out in a “Guide to the Antisocial Behaviour etc. (Scotland) Act 2004” which is available online at: http://www.scotland.gov.uk/library5/social/gaba-00.asp.

Local authority allocations to support ASB measures from 2005-06 will be announced in the next few weeks.

Full Story

Investigation into care home charging

Deputy Health Minister, Rhona Brankin has called for urgent reports from local authorities on the use of top-up fees for older people in care homes.

She said:

“The legislation and guidance is quite clear - top up fees cannot be charged unless in clearly defined circumstances. I want to ensure that this is the case in practice.”

The call, which was made in a letter from the Health Department last week, follows media allegations of pressure being placed on local-authority funded residents of care homes to use top-up fees to cover standard local authority levels of care.

Full Story

 

SECTION 3 - NOTES ON THIS WEEK’S CHAMBER BUSINESS

This week sees a wide range of relatively short debates in the Chamber.

WEDNESDAY begins with Stage 3 of the Fire (Scotland) Bill.

The Bill was introduced in the Scottish Parliament on 28th June 2004 and aims to:

  • Define the role of a modern Fire and Rescue Service;

  • Ensure that the fire and rescue authorities have clear national and local priorities and objectives;

  • Improve the protection offered to communities; and

  • Revise fire safety legislation.

It is divided into five parts:

Part 1: Fire and Rescue Authorities

This determines the bodies which are fire and rescue authorities and makes provision for the constitution of joint fire and rescue boards to replicate the current position in which six joint boards operate on behalf of the majority of local authorities in respect of the issues.

Part 2: Fire and Rescue Services

This sets out:

  • The functions of the fire and rescue authorities;

  • Provisions for the supply of water;

  • The powers of employees of fire and rescue authorities and police constables in relation to fires;

  • Provisions for assistance to authorities in the discharge of their functions;

  • Provisions for central supervision and support of authorities (including a National Framework, equipment and services); and

  • Provisions on employment issues.

Part 3: Fire Safety

This concentrates on fire safety and proposes to consolidate and rationalise much of the existing fire safety legislation, with a view to maintaining and enhancing the protection afforded to both users of premises and others who may be affected by a fire on the premises.

Parts 4 and 5 deal with miscellaneous and general matters including the abolition of the Scottish Central Fire Brigades Advisory Council and the determination of false alarms of fire as an offence.


This is followed by the Preliminary Stage Debate of the Edinburgh Tram (Line Two) Bill.

This Private Bill will is being promoted by the City of Edinburgh Council, which is seeking to re-introduce trams to Edinburgh. Line Two is intended to run from Princes Street to Newbridge via the Airport.

The Private Bill Committee set up to examine the Bill, reported on its general principles earlier this month, concluding that the Bill should proceed, but identifying areas where further work is required.  The report finds that the scheme does appear to have the potential to “produce transport, socio-economic and environmental benefits to the local, regional and national economy” and recommends to the Parliament that the general principles of the Bill should be agreed. The Committee has also received a commitment from the promoter to provide updated information on a range of issues, including the financial package for the scheme, before Final Stage consideration of the Bill.


The day concludes with a Member’s Business debate on the Responses to Extreme Weather Conditions in the Western Isles from Alasdair Morrison (LAB).


THURSDAY morning is given over to the Green Party, who have called two debates on Energy Efficiency and Identity Cards.

As is normal with opposition debates, no motion has yet been published.  As always, however, the motion will be published in Section F of the Business Bulletin in due course and a full transcript of the debate will be available in the Official Report from 08:00 on Friday.


This is followed by First Minister’s Question Time.


In the afternoon, after Question Time (for the departments featured in the themed section this week, see Section 1 above), there is a Procedures Committee Debate on the report of its Final Review of Oral Questions.

Not of much interest outwith Holyrood, the report recommends that:

  • First Minister’s Question Time (FMQT) should be retained at 12 noon on Thursdays;

  • A General Question Time of 20 minutes should be held immediately before FMQT;

  • A separate Themed Question Time of 40 minutes should be held at the beginning of the afternoon session on Thursdays; and

  • A new system should be introduced for both General and Themed Question Time. Members’ names rather than questions would be selected randomly two weeks in advance, with the Members chosen then having a week to lodge questions of their choice.

If agreed to, the first separate Themed and General Question Times will take place immediately after the Easter recess.


This is followed by a Standards Committee Debate on the report of its inquiry into Replacing the Members’ Interest Order.

The report sets out the Committee’s intention to introduce a Committee Bill to Parliament later in 2005 to replace the existing secondary legislation (the Members' Interests Order) which governs the registration of Members' financial interests.

The Committee is proposing that Members should be required to register those interests which the public might reasonably think could influence an MSP’s actions, using an objective “influence” test.  It would be for each Member to ask themselves not whether they would or might be influenced by the interest, but whether a fair minded and informed observer would conclude that their impartiality would be or appear to be prejudiced by the interest. This is in practice no different from the current position on declaring an interest prior to participating in parliamentary proceedings.

The report also proposes that the Bill should include the following provisions:

  • MSPs and their partners register the market value of any shareholdings (as opposed to the value at the time of issue of those shares);

  • MSPs register interests held by partners in heritable property (partners’ interests in heritable property is not covered by existing legislation); and

  • MSPs register all gifts above 0.5% of their salary value (currently £251).


The day concludes with a Member’s Business debate on the Scottish Civic Forum from Linda Fabiani (SNP).