Scottish Parliament e-Brief, Issue 268

Bill to tackle re-offending given MSP approval
The Management of Offenders etc. (Scotland) Bill - which includes a range of new measures to tackle the country's high re-offending rates - has been formally approved by the Scottish Parliament. The Bill is now expected to become law from the New Year, subject to it receiving Royal Assent.

The Bill takes forward many of the policy commitments set out in the Criminal Justice Plan. Among the key provisions are plans to:

The most recent reconviction data shows that around six out of 10 prisoners are reconvicted within two years of their prison release. The Bill's key objective is therefore to improve the management of offenders - in prison and in the community - to reduce these unacceptably high re-offending rates.

Full Story

Debate sparked on role of community councils
A debate has started on the role of community councils to ensure they are as effective as possible. Views are being sought on a range of issues relating to community councils, including:

Electoral process;
Whether a code of conduct is required for community councillors;
How to harness the views of the people they represent;
Their role in the decision making process at a local level; and
The role, remit and operation of the Association of Scottish Community Councils (ASCC)

Community Councils were established by the Local Government (Scotland) Act 1973 and were formed with the aim of bridging the gap between local authorities and local communities and to make local authorities and other public bodies aware of the opinions, needs and preferences of the communities they represent. The provisions required local authorities to introduce community council schemes for their area and provided them with a fair amount of discretion in determining the arrangements for their area, such as elections and procedures for meetings.

Full Story

SECTION 3 - NOTES ON THIS WEEK’S CHAMBER BUSINESS

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

Strategic Environmental Assessment (SEA) is an iterative and systematic process for identifying, predicting, reporting and mitigating the environmental impacts of proposed plans and programmes. The term "Environmental Assessment" includes both SEA and Environmental Impact Assessment (EIA). SEA is carried out on plans and programmes at a strategic level, EIA is carried out on specific development projects.

The SEA Directive was transposed in Scotland by the Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004 on 20th July 2004. The Partnership Agreement, however, commits the Executive to go further than obliged by the Directive and include all new and amended strategies as well as plans and programmes. This Bill, therefore, is the new transposition vehicle for the SEA Regulations. It also goes beyond the Directive by requiring certain organisations to carry out SEA, with some exemptions, on all their plans and programmes.

There is no rigorous legal distinction between plans, programmes or strategies - Section 4(4) states that any reference in the Bill to plans or programmes includes strategies. The Bill requires SEA to be carried out on plans and programmes in areas such as agriculture, forestry, fisheries, water management and telecommunications.

The day concludes with a Member's Business debate on HMV/Waterstones Takeover of Ottakar’s Book Stores from Kenny MacAskill (SNP).

THURSDAY morning begins with a debate from the SNP on Energy Policy.

As is usual with opposition debates, no motion has yet been published, so the focus of the debate is unclear. It is likely, however, that topical issues around climate change, nuclear power and windfarms will all feature. As always, the motions will be published in Section F of the Business Bulletin in due course and a full transcript of the debates will be available in the Official Report from 08:00 on Friday.

This is followed by General Question Time and First Minister’s Question Time.

In the afternoon, following Themed Question Time (for the featured departments, see Section 1 above), there is an Executive debate on Rail.

The debate is timely as additional powers over the railways were recently transferred to Scottish Ministers. These powers now allow the devolved government of Scotland to:

Determine the long term future for rail in Scotland;
Manage and monitor the performance of the rail franchise, with sole responsibility for securing future franchise agreements ensuring services meet passengers needs; and
Fund and control the tracks through Network Rail ensuring all parts of the rail system are joined up.

The powers transferring are those requiring legislative change as a result of the Railways Act 2005. In relation to Scotland, these will enable Scottish Ministers to:

Specify and fund outputs required from Network Rail in Scotland;
Publish a Scottish Railway Strategy;
Designate, let, fund and manage Scottish franchises, and publish a Statement of Policy on franchising;
Enforce Scottish franchises in accordance with the Railways Act 1993 procedure;
Set fares;
Publish a code of practice for disabled passengers;
Appoint a member of the Rail Passengers Council;
Give financial assistance to any person for the purpose of developing Scottish railways - passenger, freight, Network Rail;
Publish guidance on proposals for closures of Scottish railway services/facilities; and make any proposals to ORR for closures of services that the Scottish Ministers fund or that a Scottish operator wishes to withdraw;
Designate, where applicable, new Scottish services as experimental for a trial period of five years;
Approve railway operators' byelaws in respect of services and facilities within Scotland. Approve byelaws for cross-border operators jointly with the Secretary of State;
Be the Operator of Last Resort if Scottish franchises are withdrawn or end and another franchisee is not appointed;
Be able to apply to the courts for railway administration orders in respect of Scottish franchises; and
Have powers to make secondary legislation in Scotland in a number of circumstances where there is a power for the Secretary of State to do so in England and Wales - e.g. Penalty Fares Regulations.

The day concludes with a Member's Business debate on Scottish Food Fortnight from Alex Johnstone (CON).

Wednesday 9th November 2005
14:35 – 17:00	Stage 3 Proceedings: Environmental Assessment (Scotland) Bill
17:00 – 17:30	Member’s Business: HMV/Waterstones Takeover of Ottakar’s Book Stores (Kenny MacAskill (SNP))

Thursday 10th November 2005
09:15 – 11:40	Scottish National Party Debate: Energy Policy
11:40 – 12:00	General Question Time
12:00 – 12:30	First Minister's Question Time
14:15 – 14:55	Themed Question Time: * Education and Young People, Tourism, Culture and Sport; * Finance and Public Services and Communities
14:55 – 17:00	Executive Debate: Rail
17:00 – 17:30	Member’s Business: Scottish Food Fortnight (Alex Johnstone (CON))

Tuesday 8th November 2005
AM	Procedures	Various figures take part in a round-table discussion on the review of parliamentary time.
	Finance	Local authority and police representatives give evidence on the Financial Memorandum of the Police, Public Order and Criminal Justice (Scotland) Bill.
PM	European and External Relations	The Committee will consider draft terms of reference for a potential inquiry into the European Commission's Plan D for Democracy, Dialogue and Debate, before considering an update from the Scottish Executive on the implementation of EU legislation in Scotland.
	Health	This week's meeting is devoted to the Stage 1 report on the Human Tissue (Scotland) Bill.
	Local Government and Transport	3 panels of witnesses comprising academics and representatives of public sector accountants and CoSLA give evidence on the Council Tax Abolition and Service Tax Introduction (Scotland) Bill. Brian Monteith MSP and an official from the Non-Executive Bills Unit explain why there was no consultation on the draft proposals for the proposed Local Government Elections (Scotland) Bill.
	Justice 2	The Committee will take evidence on the Police, Public Order and Criminal Justice (Scotland) Bill from the Scottish Retail Consortium, the Glasgow Chamber of Commerce and various anti-drugs organisations.
Wednesday 9th November 2005
AM	Environment and Rural Development	The Environment Minister gives evidence on the Environmental Levy on Plastic Bags (Scotland) Bill, as does the Member in Charge.
	Justice 1	Stage 2 of the Family Law (Scotland) Bill continues.
	Public Petitions	New petitions cover topics including funding of the Scottish Civic Forum; the railway between Inverness, Thurso and Wick; and elderly people with mental illnesses requiring residential care. The Committee will also return to the petitions on post polio syndrome; windfarm construction; the removal of tolls from the Erskine Bridge; the common fisheries policy and rural school closures.
	Education	Minister for Education and Young People, Peter Peacock; HM Senior Chief Inspector of Education; and senior Executive officials give evidence on the Joint Inspections of Children’s Services and Inspection of Social Work Services (Scotland) Bill.