Scottish Parliament e-Brief
Issue 26, 3rd July 2000
SECTION 1 - BUSINESS THIS WEEK
THE CHAMBER
Wednesday 5th July
Thursday 6th July
COMMITTEE BUSINESS
Further information on committee business will from the detailed committee brief.
SECTION 2 - NEWS
A further 1,000 young people found work through the New Deal in April, Minister for Enterprise and Lifelong Learning, Henry McLeish announced on Thursday.
The New Deal for Young People helps those aged 18-24 who have been claiming Jobseekers Allowance (JSA) for six months or more. Special needs groups can enter the programme early if they wish.
The New Deal 25+ programme helps those aged 25 and over who have been claiming JSA for two years or more. During April, a further 170 people aged 25 and over who had been unemployed for 2 years or more, took up jobs. The March figure takes the cumulative total finding work under the programme to 3,600.
New Deal 50+ is a major £270 million programme announced by the Chancellor in the March 1999 budget. It helps unemployed people, aged 50 and claiming benefit for 6 months or more, and their dependent partners. The programme is voluntary.
New Deal 50+ was introduced in nine pathfinder areas across Scotland, before being launched nationally on 6 April 2000. The Employment Service is leading the delivery of the programme.
Go to: http://www.scotland.gov.uk/stats/bulletins/00002-00.asp for the detailed figures.
The Scottish Environment Minister, Sarah Boyack, is inviting nominations for the fourth annual Scottish Awards for Quality in Planning.
In announcing the start of this year's Awards scheme last Wednesday, Ms Boyack said:
"We are all affected by the planning system and we all want better service, better access and to be able to enjoy our surroundings. We need to recognise when high quality in these areas has been achieved and we must encourage others to achieve it. These awards do just that."
Local authorities have the primary responsibility for operating the planning system in Scotland. They deal with applications for development under the Town and Country Planning (Scotland) Act 1997, and prepare development plans as the policy context for their decisions.
The Scottish Awards for Quality in Planning were first launched in 1997. They have attracted more than 100 nominations over the three years to date. The Awards cover outstanding achievements in development control, development planning and development on the ground. As in previous years, nominations will be assessed by three independent judges, and the Awards will be managed in conjunction with the Royal Town Planning Institute in Scotland.
SECTION 3 - NOTES ON THIS WEEK’S DEBATES
BAIL AND JUDICIAL APPOINTMENTS, ETC. (SCOTLAND) BILL
For the background and general principles of this Bill, please see e-Brief issue 24. The following confines itself to the discussions at Stages 2 and 3 of the Bill’s passage.
Stages 2 and 3
A number of Executive amendments were accepted without dissent.
Amendment 4 was a non-controversial addition requested by the Lord President, concerning the powers of ministers in respect of the appointment of Inner House judges.
Amendment 13 dealt with concerns about the reappointment of part-time sheriffs. It makes clear that, although they do not have permanent contracts, their five-year term will normally be renewed unless there are good reasons not to. This will help protect against ECHR challenge, and sheriffs themselves argue that it will also aid recruitment.
Amendments 17-20 became ever more abstruse, but are still concerned with ensuring that judicial appointments are seen to be independent of politicians. In this case ministers have been removed from deciding who will be on a tribunal that considers whether to remove a part-time sheriff from office.
Amendment 60 returns to the issue of councillors who are JPs no longer performing court duties. The Executive is resolute, and the Committee is now satisfied, that it is inappropriate under the ECHR for political appointees to exercise court functions. However, the amendment responded to concerns raised by COSLA by allowing councillors to serve on committees administering district courts (statutory justices’ committees).
Amendment 27 and some consequentials ensure consistency between full justices and part-time sheriffs when it comes to investigating a possible removal. Instead of two sheriffs principal investigating, there will be a three person tribunal.
Three amendments from opposition members were pushed to a vote and defeated.
Phil Gallie attempted to move that, where a person on bail was arrested for a further offence, bail should not be considered again. However, this would clearly breach the ECHR.
The Conservative members attempted to remove the section of the bill giving law officers discretion in granting bail. This would in effect have restored bail exclusions, thereby defeating the purpose of the bill and breaching the ECHR.
Finally, the Tory and SNP members combined to suggest that part-time sheriffs should only be appointed by the Queen on the recommendation of the First Minister. This was rejected as unduly elaborate.
Only one opposition amendment was accepted at stage 2 – number 57, a drafting error spotted by Michael Matheson. No amendments have so far been submitted for stage 3.
Further information
This is the policy memorandum for the Bill: http://www.scottish.parliament.uk/parl_bus/bills/b17s1pm.pdf
Human Rights in Scotland: The European Convention on Human Rights, the Scotland Act and the Human Rights Act http://www.scotland.gov.uk/library/documents-w9/huri-00.htm
Lord Advocate Acts on District Courts Executive press release http://www.scotland.gov.uk/news/press1999-13/se1379.asp
The Justice & Home Affairs Committee discussion at stage 2 http://www.scottish.parliament.uk/official_report/cttee/just-00/ju00-2401.htm
NATIONAL PARKS (SCOTLAND) BILL
"A National Park is a protected area – usually the finest landscapes of a nation are protected through the national park system. The designation allows special protection and management for the area. Management should balance local interests with the wider interest in the protection of what is a national asset."
A National Park can also involve visitor management, education facilities, opportunities for recreation and initiatives for sustainable rural development. National Parks should take in areas which are vulnerable to environmental degradation, are of national significance, and are a focus on national interest.
Why we need National Parks legislation
This has been a long running debate, certainly since National Parks were enshrined in legislation for England and Wales in 1949. Put simply, the case for providing a legislative basis for National Parks in Scotland is as follows:
What the Bill Does
The Bill is basically enabling legislation that provides a framework for all national parks in Scotland, setting out their aims, the process for setting them up, most of their powers, their constitution, and their funding arrangements. Each specific park is then set up by a designation order. This sets out the detailed matters such as boundaries, details on membership, and details on the town and country planning arrangements. This arrangement means that each time a National Park is set up, the debate can focus on the specifics of that park. We don’t want to rehearse each time the issues that are common to all National Parks.
There are 5 main parts to the bill:
1. Aims
The following aims reflect the idea that National Parks in Scotland must recognise not only that these are places of great natural and cultural heritage, but that people live and work there.
There may be times of conflict between these aims, but on those occasions the Executive believe the "fallback position" is that of the first aim – that of conserving the natural and cultural heritage – must be given greater weight. This simply recognises that the main reason for designating a National Park is the great natural and cultural heritage of the area (this is also known as the ‘Sandford Principle’).
2. Process for Creating National Parks
The aim is to ensure an open, consultative, process, so that National Parks cannot be set up without all those with an interest being aware, and able to express their views. These are important safeguards for those who may be concerned about a National Park being "imposed" upon them.
Scottish Ministers may require Scottish Natural Heritage or other public bodies with relevant expertise to undertake part of this consultation process on their behalf, but the making of the designation order to set up a national park remains with Scottish Ministers.
3-5. National Park Authorities
There has been considerable interest in this section of the bill and there is clearly a difficulty in satisfying everyone’s wish to have "their representative" on the park authority.
The Executive have set out a broad framework of a National Park Authority as follows:
Stage 3 Amendments
As of the Business Bulletin dated 30th June 2000, the only amendments tabled that are not Executive amendments are 3 from Fergus Ewing. These cover two specific issues and reflect some discussions that were raised at the Committee stage of the Bill.
Sandford Principle (Section 8)
Fergus Ewing has tabled an amendment that effectively removes the Sandford Principle from the face of the Bill (Amendment 18). He tabled an identical at Committee but failed to receive any support. The amendment would remove the requirement for the National Park Authority to give the first aim of ‘conserving the natural and cultural heritage’ greater weight that the other aims in times conflicting purposes.
Local Referendum (Section 6)
Fergus Ewing has also tabled amendments that would mean local referendums should be held before a National Park is set up. This appears to be a very blunt (and expensive) tool for consulting local communities. It is of course important that local communities are supportive of the creation of a National Park and it could be argued that without their support the Park would unworkable. There are other methods of consulting local communities that could arguably be much more effective and empowering for local people.
Further Information
The bill and policy memorandum are available from: http://www.scottish.parliament.uk/parl_bus/bills/b12s1pm.pdf
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