Scottish
Parliament e-Brief
SECTION
1 - BUSINESS THIS WEEK
THE
CHAMBER
|
Wednesday 19th April 2006 |
|
| 14:35 – 15:45 | European and External Relations Committee Debate: European Commission’s Legislative and Work Programme 2006 |
|
15:45 – 17:00 |
Procedures Committee Debate: 2nd Report 2006: Procedures Relating to Crown Appointments |
| 17:00 – 17:30 | Members' Business: Supporters Direct in Scotland (Frank McAveety (LAB)) |
|
|
|
|
Thursday 20th April 2006 |
|
| 09:15 – 10:30 | SSP Debate: Drugs Rehabilitation and Resources Strategy |
| 10:30 – 11:40 | SSP Debate: Local Government Pensions Dispute |
|
11:40 – 12:00 |
|
|
12:00 – 12:30 |
|
| 14:15 – 14:55 |
*
Education and Young People, Tourism, Culture and Sport; and |
|
14:55 – 17:00 |
Executive Debate: Civil Justice Reform |
| 17:00 – 17:30 | Member's Business: The Future Provision of Emergency and Unscheduled Care Services in Ayrshire and Arran (John Scott (CON)) |
In Committee
| Tuesday 18th April 2006 | ||
|
AM |
Audit |
The
Committee will receive briefings from the Auditor General for Scotland
on Scottish Enterprise and council housing transfers. |
| Equal
Opportunities |
The
disability inquiry continues with a round-table discussion featuring
representatives from the arts and leisure. |
|
| PM | Enterprise
and Culture |
The
Committee looks at Scottish Enterprise's budget and restructuring
plans, before taking Stage 1 evidence on part 10 of the Bankruptcy
and Diligence etc. (Scotland) Bill (concerning arrestment).
Also on the agenda are a briefing paper on trends and developments in
the media and broadcasting industry and responses from the Scottish
Executive and the Scottish Football Association to the Committee's
report on the reform of Scottish football. |
| Health |
Dr
Harry Burns, Chief Medical Officer for Scotland, gives evidence on
health inequalities. |
|
| Justice
2 |
Stage
2 of the Police, Public Order and Criminal Justice (Scotland) Bill
continues. |
|
| Local
Government and Transport |
Three
panels of witnesses give evidence for the freight transport inquiry. |
|
| Wednesday 19th April 2006 | ||
|
AM |
Communities |
The Committee will consider a petition calling on
the Scottish Parliament to consider and debate the process of local
engagement and consultation in local planning issues. |
| Education |
Stage
2 of the Scottish Schools (Parental Involvement) Bill
continues. |
|
| Environment
and Rural Development |
3
panels of witnesses give evidence on the Crofting Reform etc. Bill. |
|
| Public
Petitions |
The
Committee will consider new petitions covering topics including
consultation on school closures; giving communities the right to
ownerless land; and the extension of the tolling regimes on the
remaining toll bridges. The Committee also returns to the
petitions on the closure of community hospitals; the influence of
supermarkets on the food chain; the disposal of listed buildings or
common land; the current system for dealing with and monitoring
convicted child sex offenders. |
|
| Justice
1 |
Officials from the Executive, Scottish Court Service, Crown Office and Procurator Fiscal Service and the Bill Team give evidence on the Criminal Proceedings etc. (Reform) (Scotland) Bill. | |
SECTION 2 - NEWS
Bird
flu update
No further measures require to
be taken at the moment to combat the risk of bird flu, the Executive and the
Department of Environment Food and Rural Affairs (Defra) have announced.
Following evidence, confirmed on 11th April, that the swan found at Cellardyke in Fife was a migratory whooper swan, a full Veterinary Risk Assessment has been carried out. It concluded that the current measures put in place throughout Scotland in relation to the discovery of H5N1 in the swan are adequate and proportionate at present. The situation will continue to be reviewed on an ongoing basis.
A number of dead birds have since then been reported to the authorities since the H5N1 strain of the avian flu viris was confirmed but there have been no further positive tests. Anyone finding a suspicious dead bird should contact 08459 33 55 77.
A 3km Protection Zone is currently in force around Cellardyke, restricting the movement of poultry and poultry products. A 10km Surveillance Zone has also been set up within which extra monitoring is taking place. Under a decision by the European Commission, the Protection Zone will be in place for a minimum of 21 days and the Surveillance Zone for 30 days following confirmation of of a case of H5N1.
Life
sciences development agreement
Scottish Ministers and the
government of Victoria in Australia agreed today to examine the scope for
greater collaboration to develop their life sciences industries.
The agreement came as John Brumby, State Treasurer and Minister for Innovation, Industry and Regional Development for the State of Victoria visited Scotland and follows the establishment of a Sister State Agreement between Victoria and Scotland last month. First Minister Jack McConnell and Mr Brumby visited Edinburgh's Centre for Biomedical Research where academic, medical and commercial expertise are combining to form one of the world's foremost locations for biomedical research.
The life sciences industry in Scotland has grown at an average rate of 20% over the last four years compared with a 15% growth rate for the rest of Europe. Scotland is now home to around 21% of the UK's biotech companies.
The agreement today follows the recent announcement of a partnership in Scotland between Wyeth Pharmaceuticals, health boards, universities and Scottish Enterprise and the decision by GlaxoSmithKline to invest £25 million in their Montrose life sciences division. Once completed, it is estimated that the Centre for Biomedical Research in Edinburgh will attract more than £600 million of investment.
SECTION
3 - NOTES ON THIS WEEK’S CHAMBER BUSINESS
WEDNESDAY begins with a European and External Relations Committee debate on the European Commission’s Legislative and Work Programme 2006.
"Unlocking Europe's Full Potential" is the ambitious title of the Commission's 2006 work programme. It's strategic objectives for 2006 are prosperity, solidarity, security and Europe's place in the world. Better regulation and more efficient communication are the key instruments to support these goals.
The Commission sees 2006 as "a critical year for turning words into deeds" on the revised Lisbon strategy for growth and jobs. Through its partnership with the member states in the form of National Lisbon Action Plans, it intends to reinvigorate the process of structural reforms Europe needs if it wants to face the challenges of globalisation.
Concrete legislative proposals to be put forward in 2006 include:
Establishment of a European Institute of Technology (EIT);
Strengthening the New Approaches directives;
Progressing on the Internal Market for Postal Services;
New communications can be expected on a "competitive automotive regulatory framework", on defence industries and markets, on eGovernment and on clean coal technologies.
Social justice, cohesion and safeguarding the quality of life for future generations are the goals of the second major objective. Initiatives will be taken to tackle the challenges of Europe's ageing population, to manage migration flows or to deal with climate change. Sustainable management of resources and building a more cohesive Europe are the other broad messages.
Non-legislative priorities for 2006:
Green paper on evolution of labour law;
Green paper on adaptation in climate change;
Review of the strategy to reduce CO2 emissions from cars;
Green paper on future maritime policy;
Action plan on energy efficiency;
Green paper on secure, competitive and sustainable energy policy for Europe.
On security, the main goals are protecting Europe's citizens against terrorism and international crime, securing the EU's external borders, better law enforcement and daily protection against health risks, food scares, transport accidents and civil disasters. It is proposed to create a European Law Enforcement Network and a community code on short term visas.
As regards Europe's role in the world,
priorities include:Stability and prosperity of the borders, including further enlargement prospects (Turkey and Croatia negotiations, Bulgaria/Romania decision, Macedonia, Serbia and Montenegro, Bosnia Herzegovina);
Global responsibilities: delivering on Millennium goal commitments, action for Africa, reconstruction and political transition in Iraq, Middle East and other areas; and
Global economy: Doha development agenda, sustainable development.
The European & External Relations Committee report, along with the key issues for the Scottish Executive, is online at: http://www.scottish.parliament.uk/business/committees/europe/papers-06/eup06-03.pdf
This is followed by a Procedures Committee debate on its report on Procedures Relating to Crown Appointments.
To date the Parliament has nominated individuals for Royal appointment as:
Scottish Information Commissioner
Scottish Public Services Ombudsman (and deputies)
Commissioner for Children and Young People in Scotland
Commissioner for Public Appointments in Scotland.
The various statutes establishing these offices provide that the appointees may hold office for a period, not exceeding five years, determined by the SPCB. All but the Deputy Ombudsmen were appointed for 5 years in the first instance, and the three Deputy Ombudsmen were appointed for 4 years. All the relevant statutes provide that the office-holders may be appointed for a second term and, with the exception of the Children’s Commissioner, they also provide for re-appointment for a third term in "special circumstances". However, under the Parliament’s current rules, there is no specific procedure for re-appointment.
The Presiding Officer therefore wrote to the Procedures Committee on 9th November 2004 on behalf of the Scottish Parliamentary Corporate Body (SPCB) to invite the Committee to consider the following issues in relation to Crown appointees nominated by the Parliament:
The introduction of procedures to facilitate the re-appointment of Crown appointees;
The possibility of specifying in the standing orders the "special circumstances" under which it would be possible to re-appoint some Crown appointees for a third term; and
The introduction of a parliamentary mechanism to facilitate the removal from office of Crown appointees.
The Committee began an inquiry into the issues outlined above in June 2005. On 27th September, the Committee took oral evidence from Nora Radcliffe MSP, on behalf of the Scottish Parliamentary Corporate Body (SPCB), and from Professor Alice Brown, Scottish Public Services Ombudsman.
In order to ensure that the Parliament’s procedures can appropriately facilitate the statutory provisions on re-appointment and removal of Crown appointees, the Committee recommends that:
The Parliament adopts a largely administrative re-appointment process but with the post-holder subject to a panel interview conducted by the SPCB;
Prior to the panel interview, an independent assessor be appointed to review and assess the post-holder’s performance against a set of relevant criteria and provide a report to the SPCB;
A second, separate assessor be appointed to oversee the re-appointment decision and to ensure the probity of the re-appointment proceedings;
Second term re-appointments should be limited to a 4 year period as standard practice and third term re-appointments should never be made; and
Only members of the SPCB should, by motion, be able to propose the nomination for re-appointment of an individual, with debate on such a motion being limited to 30 minutes, and each speaker to 5 minutes.
The Committee also proposes some legislative changes and, while it is possible that the Executive may bring forward an appropriate legislative vehicle for these changes at some point in the future, it is recognised that this is unlikely to be a priority.
The Committee is therefore considering the merits of proposing in due course a short Committee Bill under Rule 9.15 to give effect to these legislative changes. Such a Bill would include provisions to:Amend paragraph 4(2) of schedule 1 to the Scottish Public Services Ombudsman Act 2002, section 42(5) of the Freedom of Information (Scotland) Act 2002 and paragraph 4(2) of schedule 1 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 to prevent office-holders being appointed for a third term;
Amend paragraph 4(1)(d) of schedule 1 to the Scottish Public Services Ombudsman Act 2002, section 42(40)(c) of the Freedom of Information (Scotland) Act 2002 and paragraph 4(1)(c) of schedule 1 to the Public Appointments and Public Bodies Act 2003 to specify that any resolution of the Parliament to remove the relevant post-holder from office must specify either -
(a) that the post-holder has breached the terms of appointment; or
(b) that the Parliament has lost confidence in the Commissioner’s willingness, ability or suitability to carry out the functions of the office,
and that the necessary voting threshold for any such resolution, if passed on a division, is at least two-thirds of those voting; and
Repeal section 17(3) of the Scottish Public Services Ombudsman Act 2002 and paragraph 13(4) of schedule 1 to the Public Appointments and Public Bodies Act 2003 to the extent that they enable the Parliament and the SPCB to give the post-holders direction as to the form and content of their annual reports.
The day concludes with a Member's Business debate on Supporters Direct in Scotland from Frank McAveety (LAB).
THURSDAY morning begins with two SSP debates entitled Drugs Rehabilitation and Resources Strategy and Local Government Pensions Dispute.
As is usual with opposition debates, no motions have yet been tabled, so the precise focus, other than what can be divined from the fairly self-explanatory titles, is not yet known.
The motions will, as always, be published in the Business Bulletin in due course and full transcripts of both debates will be available from the Official Report on Friday.
This is followed by General Question Time and First Minister’s Question Time.
In the afternoon, following Themed Question Time, there is an Executive debate on Civil Justice Reform.
Recent research such as Paths to Justice Scotland, family law research and anecdotal evidence of dissatisfaction suggests that many people feel alienated from, and may lack confidence in, the civil courts. Some new developments, however, have been successful - the Commercial Court at Glasgow Sheriff Court, in-court advice services and mediation, for example. And, while there are new tribunals for mental health and additional support for learning, there is pressure to create more new tribunals or specialised courts to deal with, for example, housing or environmental matters.
A strategic review of publicly funded advice was completed in 2004. The first phase of the proposals from the review is to be taken forward in the Legal Profession and Legal Aid (Scotland) Bill. Measures in the Bill include:
Enabling a wider range of legal service suppliers to apply for the approval of Scottish Ministers and the Lord President to provide legal representation in court. Currently only solicitors, advocates and solicitor-advocates can provide these services.
Putting service users at the heart of the complaints handling service with the creation of a Scottish Legal Complaints Commission, independent of the legal profession. The Commission, with a non-lawyer majority, will receive all complaints against legal practitioners which it has not been possible to resolve at source.
Transferring the power to grant legal aid in solemn cases from the courts to the Scottish Legal Aid Board, who already deal with legal aid in summary cases.
Allowing the Scottish Legal Aid Board to fund advisors with appropriate skills and expertise, not just solicitors.
In recent weeks, the provision for the creation of a new watchdog to handle legal complaints has come under fire. The Law Society and others are claiming that it is a breach of the European Convention on Human Rights, citing that it would not be an "independent and impartial tribunal" as required under article 6 of ECHR.
The Executive is also, as part of its longer-term strategy, helping local authorities to assess the need for legal advice and assistance in their areas. It is working with the Scottish Legal Aid Board and a number of advice agencies to develop a national quality framework for legal advice and information.
The day closes with a Member's Business debate on The Future Provision of Emergency and Unscheduled Care Services in Ayrshire and Arran from John Scott (CON).
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