Scottish
Parliament e-Brief
SECTION
1 - BUSINESS THIS WEEK
THE
CHAMBER
|
Wednesday 17th May 2006 |
|
| 14:35 – 17:00 | Stage 1 Debate: Planning etc. (Scotland) Bill |
| 17:00 – 17:30 | Member's Business: Aberdeen Crossrail (Richard Baker (LAB)) |
|
|
|
|
Thursday 18th May 2006 |
|
| 09:15 – 10:30 | Independents’ Group Debate: The Implications of the Kerr Report: Future Needs of the NHS |
| 10:30 – 11:40 | Procedures Committee Debate: 2nd Report 2006, Procedures Relating to Crown Appointments |
|
11:40 – 12:00 |
|
|
12:00 – 12:30 |
First Minister's Question Time |
| 14:15 – 14:55 |
* Health and Community Care * Environment and Rural Development |
|
14:55 – 17:00 |
Enterprise and Culture Committee Debate: 5th Report 2006, Business Growth - The Next 10 Years |
| 17:00 – 17:30 | Member's Business: RIP Cigarettes (Stewart Maxwell (SNP)) |
In Committee
| Monday 15th May 2006 | ||
| Glasgow
Airport Rail Link Bill |
More oral evidence on the general principles of the
Bill comes from 5 panels of witnesses, including local authorities;
Network Rail; emergency services; and SPT. |
|
| Environment
and Rural Development |
The Committee meets in Inverness to take Stage 1 evidence on the Crofting Reform etc. Bill. Witnesses include Deputy Minister for Deputy Environment and Rural Development Minister, Rhona Brankin; Highlands and Islands Enterprise; crofters' representatives; the Crofters Commission; and trade unions. |
|
| Tuesday 16th May 2006 | ||
|
AM |
Audit |
The Committee will receive a briefing from the Auditor General for Scotland on his first stage review of the cost and implementation of the teachers’ agreement, "A Teaching Profession for the 21st Century", before taking evidence on the overview of local authority audits 2005. |
| Equal
Opportunities |
The disability inquiry hears from, among others, the Royal Incorporation of Architects in Scotland; the Scottish Building Standards Agency; the Scottish Society of Directors of Planning and various Access Panels and the Scottish Disability Equality Forum. |
|
| Finance |
The Auditor General for Scotland; Audit Scotland; the
Scottish Commission for Public Audit; and a former Scottish Legal
Services Ombudsman contribute to the Accountability and Governance
inquiry. |
|
| PM | Health |
The Committee will receive a presentation on the
results of the research it commissioned on the take-up of direct
payments. It will then take evidence on the issue from a range
of witnesses, including Deputy Minister for Health and Community Care,
Lewis Macdonald. |
| Enterprise
and Culture |
Tourism, Culture and Sport Minister, Patricia Ferguson, gives Stage 1 evidence on the Tourist Boards (Scotland) Bill. The Committee then takes evidence from the
Chairman, Chief Executive and Director
of Strategy and Chief Economist of Scottish Enterprise on the
organisation's proposed budget and restructuring plans. |
|
| Justice
2 |
A former Scottish Legal Services Ombudsman;
representatives of the Scottish Solicitors’ Discipline Tribunal; and
the Scottish Public Services Ombudsman give evidence on the Legal
Profession and Legal Aid (Scotland) Bill. |
|
| Wednesday 17th May 2006 | ||
|
AM |
Public
Petitions |
New petitions cover topics including Borderline
Theatre Company’s touring and lifelong learning programme; the
diagnosis and treatment of cranial abnormalities of babies; the
protection of listed buildings and conservation areas; and the Glasgow
Airport rail link. The Committee will also return to the
petitions on the publication of criminal memoirs; the use of excessive
packaging in supermarkets; adequate provision of Gaelic language
teachers; maternity services in rural communities; and the operation
of the Victim Notification Scheme. |
| Justice
1 |
An academic; the Scottish Prison Service; SACRO;
and Victim Support Scotland give Stage 1 evidence on the Criminal
Proceedings etc. (Reform) (Scotland) Bill. |
|
| Education |
Stage 1 evidence on the Adoption and Children (Scotland) Bill comes from The Family Law Association; the Faculty of Advocates; and local authorities. |
|
SECTION 2 - NEWS
High
Court reforms prove beneficial
Sweeping changes to
Scotland's High Courts are delivering real benefits for victims, witnesses
and jurors, according to initial figures released today by the Executive
and Crown Office.
Since 1st April 2005, when the new procedures for Scotland's most serious cases were introduced:
There has been a near 150% increase in early guilty pleas, resulting in fewer people being called to court unnecessarily;
Around 96% of trials have been sworn in on the day assigned or the following day - compared with a third of trials adjourned once and 15% adjourned at least twice before the reforms; and
Almost 70% fewer witnesses have been asked to appear in the High Court, compared to the previous year, thanks to the increase in early guilty pleas, the introduction of the new mandatory preliminary hearings during which the evidence of more witnesses can be agreed in advance, and the substantial reduction in adjournments.
Improvements have been made possible by provisions in the Criminal Procedure Amendment (Scotland) Act 2004, passed by the Scottish Parliament on April 28, 2004, which:
Introduced mandatory preliminary hearings so the judge can ensure both parties are ready to go to trial and if the accused is pleading not guilty, to enable both parties to decide which witnesses need to be called. Previously every case had to be treated as if it were proceeding, so all witnesses, in every case, were cited; and
Introduced fixed trial dates replacing the previous system of sittings, so that victims and witnesses know exactly when they need to come to court.
The improvements have also been supported by voluntary, earlier disclosure of evidence by the Crown to an accused's representative so they can prepare their case at an earlier stage in the proceedings and also decide how to plead at an earlier stage.
Advice
on becoming more energy efficient
New advice will help
householders cut down greenhouse gas emissions caused by their energy use.
The new leaflet, produced by Scotland's Building Standards Agency in conjunction with the Energy Saving Trust, advises people on how they can increase the energy efficiency in their homes by using measures such as efficient boilers, heating controls and insulation.
The advice, designed to help minimise everyone's energy use, comes in as a part of the implementation of an EU Directive on the energy performance of buildings, which will come into force in Scotland over the next three years.
This boiler and heating advice is available now from the Energy Saving Trust and the Energy Agency, and will also be available to people intending to alter or extend their property through the building standards system. See www.saveyour20percent.co.uk
The Scottish Building Standards Agency has published a consultation on how to implement Articles 7, 8 and 9 of EU Directive 2002/91/EC on the energy performance of buildings. The consultation can be accessed at: www.sbsa.gov.uk. Article 7 concerns energy performance certificates and will be implemented by requiring energy performance certificates for all buildings which will provide owners and tenants with clear and accurate assessments of the energy performance of the building or home. Article 8 concerns boilers inspection or advice and Article 9 concerns the inspection of air-conditioning systems.
SECTION
3 - NOTES ON THIS WEEK’S CHAMBER BUSINESS
WEDNESDAY begins with the Stage 1 Debate of the Planning etc. (Scotland) Bill.
A piece of legislation which has been in the making for some time, the Bill's central objective is to modernise the planning system and boost economic growth and development. It has been described as "the most fundamental and comprehensive reform of the planning system" since it was created in 1948.
The Bill includes proposals to place the National Planning Framework on a statutory footing; bring in a new system of strategic and local development plans; and introduce a range of measures to encourage public participation in the planning process and strengthen the involvement of local communities. It also aims to speed up decisions, better reflect local views and allow quicker investment decisions. In addition, it introduces provisions to enable the creation of Business Improvement Districts in Scotland.
Local Authorities will be required to maintain up-to-date, relevant and accessible development plans, which have been drawn up with the full participation of local people and with a full assessment of their environmental impact. Decisions will be devolved to local authorities wherever possible and the accountability between Councils and their communities will be strengthened.
A majority of the lead Committee (Communities) endorsed the Bill in the Stage 1 report. Whilst the report concludes that a proposed package of measures in the Bill should deliver early and effective public engagement, it calls on the Scottish Executive and planning authorities to work proactively to ensure public participation in the planning process.
A "third party right of appeal" remains one controversial issue. Publishing the Committee report, Committee Convener, Karen Whitefield said:
"During consideration of the Bill, the Committee heard calls for the introduction of a limited third party right of appeal against decisions to approve development proposals. Whilst they acknowledge the frustrations with the current system which led to such calls, a majority of the Committee is of the view that the package of measures proposed in the Bill, which encourage early and effective public engagement, will be more effective in delivering a fairer system.”
The day concludes with a Member's Business debate on Aberdeen Crossrail from Richard Baker (LAB).
THURSDAY morning begins with an independents’ group debate on The Implications of the Kerr Report: Future Needs of the NHS.
As is usual with opposition debates, no motion has yet been tabled. However, the Kerr Report, published last May, sets out a framework for the future of the NHS in Scotland.
The report is the work of an expert group, led by international cancer specialist Professor David Kerr, and sets out a detailed set of recommendations on how the health service could be shaped over the coming decades. It represents the culmination of 14 months of investigation.
The key recommendations are:
All NHS Boards to put in place a systematic approach to caring for people (especially older people) with long term conditions with a view to managing their care at home or in the community and, where possible, without hospitalisation.
Action in deprived areas, through anticipatory care, to prevent future ill-health and reduce health inequality.
Manage demand for planned care to maximise use of capacity and to inform patient choice by streaming it from unscheduled care, treating day surgery as the norm (rather than inpatient surgery), enabling better community based access to diagnostics and developing referral management services.
Support and encouragement for patients and their carers to manage their own health care needs and to help others with similar conditions.
Implement urgently a national single information and communications technology system, including an electronic patient record and the development of tele-medicine, as a means to improve access, quality, develop clinical evidence and connect up the NHS.
Empower multi-disciplinary teams in local casualty departments to provide the vast majority of hospital-based unscheduled care - networked by tele-medicine to consultant led emergency units.
Concentrate specialised or complex care on fewer sites to secure clinical benefit or manage clinical risk.
Develop networks of rural hospitals to ensure continued access to key elements of acute care and establish a Clinical School for Rural Health Care to ensure workforce development.
Accelerate the development of regional planning for hospital based health services.
Set a clear agenda for Community Health Partnerships working across the boundaries between primary and secondary care and with partners in social care to shift the balance of care.
The Kerr report assesses the current state of the NHS, and proposes a new model:
| Current model | to |
Proposed new model |
| Geared towards acute conditions | to | Geared towards long-term conditions |
| Hospital centred | to | Locally responsive |
| Doctor dependent | to | Team based |
| Episodic care | to | Continuous care |
| Disjointed care | to | Integrated care |
| Reactive care | to | Preventative care |
| Patient as passive recipient | to | Patient as partner |
| Self care infrequent | to | Self care encouraged and facilitated |
| Carers undervalued | to | Carers supported as partners |
| Low tech | to | High tech |
As always, the motion will be published in the Business Bulletin in due course and a full transcript of the debate will be available from the Official Report on Friday.
This is followed by the Procedures Committee debate postponed last from month 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.
This is followed by General Question Time and First Minister's Question Time.
In the afternoon, following Themed Question Time, there is an Enterprise and Culture Committee Debate on its report on Business Growth - The Next 10 Years.
The report, published on 14th March, says, amongst other things, that Scotland's economy needs an additional £8.5 billion of private and public sector investment to match competitors elsewhere. The report represents the conclusion of the Committee's business growth inquiry, which was set up to inquire into what needs to be done to increase the rate of sustainable business growth in Scotland over the next 10 years. The inquiry ran for nearly 15-months and heard evidence from all sectors of the business community.
The Committee has identified a number of actions essential for closing the gap between Scotland's business growth rate and that in the rest of the UK and in member countries of the Organisation of Economic Co-operation and Development (OECD).
The Committee's proposals include:
The day closes with a Member's Business debate on RIP Cigarettes from Stewart Maxwell (SNP).
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