Scottish Parliament e-Brief
Issue 270, 21st November 2005

 

SECTION 1 - BUSINESS THIS WEEK

THE CHAMBER

Wednesday 23rd November 2005

14:35 15:05 Ministerial Statement: Local Government Finance Settlement 2006-07

15:05 – 16:30

Procedures Committee Debate: 7th Report 2005, The Sewel Convention

16:30 17:00 Procedures Committee Debate: 6th Report 2005, Admissibility and Closure of Public Petitions

17:00 – 17:30

Member’s Business: Promoting Energy Saving Using Micro and Small-scale Renewable Technology (Sarah Boyack (LAB))

 

 

Thursday 24th November 2005

09:15 – 11:40

Stage 3 Proceedings: Housing (Scotland) Bill

11:40 – 12:00

General Question Time

12:00 – 12:30

First Minister's Question Time

14:15 – 14:55

Themed Question Time:

* Justice and Law Officers;

* Enterprise, Transport and Lifelong Learning

14:55 17:00 Stage 3 Proceedings: Housing (Scotland) Bill (cont.)

17:00 – 17:30

Member’s Business: TV Licence and Digital Reception (Roseanna Cunningham (SNP))

 

In Committee

Tuesday 22nd November 2005
AM Finance
 

Communities Minister, Malcolm Chisholm, gives evidence for the cross-cutting inquiry into deprivation and the Commissioner for Children and Young People, Kathleen Marshall, gives evidence on her budget as part of the Budget Process.
 

 

Procedures
 

MSPs from across the parties take part in a round-table discussion as part of the review of parliamentary time.
 

PM

Enterprise and Culture 
 

The Enterprise Minister, Nicol Stephen and a retinue of senior officials give evidence to the inquiry into business growth.
  

  Justice 2
 

The Scottish Human Rights Centre; Strathclyde Police's Violence Reduction Unit; senior medics; and Victim Support Scotland give evidence on the Police, Public Order and Criminal Justice (Scotland) Bill.
 

  Local Government and Transport
 

The Scottish Public Services Ombudsman and Deputy Ombudsman give evidence on the Scottish Public Services Ombudsman; and the Chief Executive and Business and Best Value Manager of The Improvement Service give evidence of on The Improvement Service.
 

Wednesday 23rd November 2005

 AM

Communities
 

The Committee looks at subordinate legislation around the issue of the registration of private landlords.
  

 

Justice 1
 

Stage 2 of the Family Law (Scotland) Bill continues.
 

  Environment and Rural Development
 

A reader in Animal Welfare Law at the University of Aberdeen, the Scottish Agricultural College Veterinary Service, the State Veterinary Service and the Scientific Director and Chief Executive, Moredun Research Institute give Stage 1 evidence on the Animal Health and Welfare (Scotland) Bill.
 

  Education

No less than 3 panels of witnesses give evidence on the Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Bill.

 

SECTION 2 - NEWS

Organ donation campaign
Scotland's latest campaign to convince more people to register for organ donation was launched today.

On 15th November there were 6,495 people in the UK on the waiting list for a transplant, with 590 in Scotland. In the period 1st January 2004 - 31st December 2004:

Health Minister Andy Kerr said:

"The main message of this campaign is simple. If you join the organ donor register you could save a life, if you don't you won't.  There is a clear choice to be made.

"Many people carry donor cards which is good. However, being on the NHS organ donor register is the best way to ensure your organs are donated should anything happen to you.

"Also, it is crucial that people talk to their friends and family about what their wishes are. At what is a very difficult time, it makes the decision to donate a loved ones organs far easier, if you know for certain it is what they would have wanted."

Full Story

First year report card on tackling antisocial behaviour
The first year's operation of new laws to tackle antisocial behaviour has seen individuals, communities and local agencies standing up more effectively to antisocial behaviour, according to a report published today.

But Justice Minister, Cathy Jamieson, said today that this is only a first step towards rebuilding respect and improving the quality of life for decent hardworking people.

In addition to the well-publicised measures like ASBOs, dispersal orders, and electronic tagging for young people, the first year report records:

The Antisocial Behaviour (Scotland) Act 2004 received Royal Assent in July 2004, with the main provisions coming into force at the end of October 2004.

Local agencies have been tasked with tackling antisocial behaviour through an appropriate mix of prevention, early intervention, enforcement and rehabilitation measures.  This has been backed up by £130 million of Executive investment between 2004-2008 for tackling ASB and promoting community safety.

Full Story

 

SECTION 3 - NOTES ON THIS WEEK’S CHAMBER BUSINESS

WEDNESDAY begins with a Ministerial Statement on the Local Government Finance Settlement 2006-07.

As any announcement must first be made to Parliament, no precise details on the contents of the settlement are available as yet.


This is followed by a Procedures Committee debate on its report into The Sewel Convention - the procedure by which the Scottish Parliament gives its consent to Westminster to legislate on devolved issues.  (Named after Lord Sewel, then Minister of State in the Scottish Office, who stated during Lords Committee stage of the Scotland Bill that the Government expected "a convention to be established that Westminster would not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.")

In practice, as well as Westminster legislating on devolved matters, the Convention also applies to Westminster legislating to alter the competence of the Parliament or to amend the devolved responsibilities of Scottish Ministers.  The Convention currently exists as an agreement between the UK Government and the Scottish Executive. This "memorandum of understanding" is amplified by “devolution guidance notes” to Government departments.

Under the Convention, if the Government and the Executive agree that it is appropriate to include in a Westminster Bill provisions affecting devolved matters, the Executive invites the Parliament to give consent to those provisions being dealt with by Westminster.  This involves the Executive providing a memorandum about the UK Bill, which is usually considered by a relevant Scottish Parliament Committee.  The Executive also lodges a "Sewel motion" which the Parliament as a whole is invited to agree (before the Bill reaches its final amending stage at Westminster in the House in which it was first introduced).

The Procedures Committee report, however, recommends that the system be overhauled.  It proposes that the current, largely ad hoc, procedures, should be replaced with a framework of new rules to improve transparency and to enhance the opportunity for parliamentary scrutiny. Recommendations include:

The Committee is also encouraging Scottish Ministers to make more time available for debates on Sewel motions which deal with major issues and also proposes scrapping the name “Sewel”, suggesting that in future “Sewel motions” should be known as “Legislative Consent motions”.


A second Procedures Committee debate follows, this time on its report into the Admissibility and Closure of Public Petitions.

In April 2004, the Public Petitions Committee (PPC) wrote to the Procedures Committee to request that changes be made to standing orders to prevent MSPs from lodging petitions and to ensure that, once a petition was closed, a further petition in the same or similar terms could not be introduced in the same session of the Parliament, within a period of one year from the date on which the petition was closed.

The report therefore recommends that standing orders be changed to implement the following changes:


The day concludes with a Member's Business debate on Promoting Energy Saving Using Micro and Small-scale Renewable Technology from Sarah Boyack (LAB).


THURSDAY is dominated by Stage 3 of the Housing (Scotland) Bill.

The Bill builds on recommendations of the Housing Improvement Task Force (HITF), published in March 2003.  Those recommendations looked at how housing conditions in the private sector might be improved.  In addition, the Bill takes into account the results of the "Maintaining Houses, Preserving Homes" consultation, which ended in October 2004.

There will be action on housing standards in the whole of the private sector:

Local authority powers to compel action on individual houses are to be streamlined, this will include:

Dealing with run-down areas (Housing Renewal Areas):

Owners – assistance to improve housing conditions:

All disabled applicants will receive mandatory, not discretionary, assistance with adaptations.  Mandatory grants will be retained for standard amenities for disabled people.

There are also other provisions relating specifically to rented housing.

The repairing standard will be modernised and it will be easier for tenants to enforce it. Landlords already have a legal obligation to the tenant to keep the house in good repair, this obligation is being expanded to include the repair of fixtures, fittings etc. included in let.  This can be enforced through a Private Rented Housing Panel, which will be quicker and easier than court proceedings.

Also a landlord must not refuse consent unreasonably if a tenant wishes to exercise his/her right to adapt the house to suit a disabled occupant.  The tenant will be responsible for work and, if necessary, reinstatement.

The registration of landlords will also be extended, allowing Ministers to make a letting code to show what a "fit and proper" landlord should do.


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), Stage 3 of the Housing (Scotland) Bill continues to completion.


The day concludes with a Member's Business debate on TV Licence and Digital Reception from Roseanna Cunningham (SNP).

 

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