Scottish Parliament e-Brief
Issue 318, 11th December 2006

 

SECTION 1 - BUSINESS THIS WEEK

THE CHAMBER

Wednesday 13th December 2006

14:05 – 15:00 Ministerial Statement: Local Government Finance Settlement 2007-08
15:00 – 17:00 Executive Debate: Fisheries
17:00 17:30 Member's Business: Stone of Destiny’s Return to Scone Palace (Murdo Fraser (CON))

 

 

Thursday 14th December 2006

09:15 11:40 Stage 3 Proceedings: Legal Profession and Legal Aid (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

* Enterprise, Transport and Lifelong Learning;
* Justice and Law Officers

14:55 – 15:30

Stage 3 Proceedings: Legal Profession and Legal Aid (Scotland) Bill (cont.)

17:00 17:30 Member's Business: The Carbon Trust (Nora Radcliffe (LD))

   

In Committee

Tuesday 12th December 2006
AM Equal Opportunities
 

The Convener of and Clerk to the Public Petitions Committee give evidence on that Committee's Equalities Report.
 

  Finance
  
The Committee will take evidence on the legislative consent memorandum for the UK Statistics and Registration Service Bill from the Deputy Minister for Finance and Public Service Reform the Executive's Chief Statistician.  The Deputy Minister will then give evidence on the relocation of public sector jobs.
 
  Justice 2 Sub Committee
 

The Sub-Committee will consider a draft report on its Child-Sex Offenders Inquiry.
 

PM Health
 

Stage 2 of the Adult Support and Protection (Scotland) Bill begins.
 

  Justice 2
 

The Committee will consider a draft Stage 1 report on the Custodial Sentences and Weapons (Scotland) Bill.
    

  Local Government and Transport
 

Stage 2 of the Transport and Works (Scotland) Bill begins and Finance and Public Service Reform Minister, Tom McCabe and officials give evidence on the Scottish Local Government Election Rules.
 

Wednesday 13th December 2006
AM Justice 1
 

Deputy Minister for Justice, Johann Lamont and Executive officials give Stage 1 evidence on the Rights of Relatives to Damages (Mesothelioma) (Scotland) Bill.  Mary Mulligan will also present the findings of her inquiry into the provision of counselling and family mediation services and contact centres in Scotland.
 

 

Education
 
The Committee will consider Scotland’s Commissioner for Children and Young People’s annual report, with evidence from the Commissioner and her staff.  It will also consider petitions on the provision of lockers in schools; the closure of schools and facilities for children with special needs; and school closures.
 
  Communities
 

Academics from the School of the Built Environment at Heriot-Watt University give evidence on the report on local housing need and affordability model.
 

  Public Petitions

New petitions cover topics including the environmental problems associated with burning and rendering animal carcasses; the establishment of a Scottish disability community development council; a nationwide health promotion campaign regarding antibiotic resistance; the improper use of disabled parking bays; justice in local planning matters; and the restoration of NHS dental services.  The Committee will also return to the petitions on post polio syndrome; traffic regulation orders; ownerless land; and ship to ship oil transfer in the Forth Estuary.

 

SECTION 2 - NEWS

Funding for safer FESTIVE streets
Inverclyde will share in £600,000 of extra funding to help ensure revellers enjoy safe nights out this Christmas and New Year.

The announcement that Inverclyde Council Community Safety Partnership is to receive £40,000 came as the Safer Scotland pre-Christmas roadshow, which is visiting Greenock on 13th December, hit the road.  The funding will be used to provide enhanced services such as additional high profile policing, late night taxi marshalling, alcohol-free events for young people and increased support for domestic abuse services.

The Safer Scotland roadshow will be visiting all 12 Community Safety Partnership (CSP) areas which are receiving the additional funding.  The roadshow truck will be staffed by CSP representatives such as antisocial behaviour co-ordinators, police and fire officers.  Members of the public will be able to get information and tips on how to keep safe this winter, including how to get home quickly and safely after nights out in town.

Full Story

Government Expenditure and Revenue in Scotland 2004-05
Estimates of the amount of public money spent in Scotland compared to the amount raised, are published in Government Expenditure and Revenue in Scotland 2004-05 (GERS) today.  GERS is an annual publication which uses aggregate expenditure and revenue data to estimate the net borrowing attributable to Scotland.

The report aims to improve public understanding of fiscal issues in Scotland. Expenditures are only included if they are incurred for the benefit of the residents of Scotland.  On the revenue side, only tax receipts relating to Scotland's residents and businesses are recorded.

The report concentrates on the 2004-05 data, but also provides estimates of Scotland's fiscal position over previous years.

The key findings are:

Expenditure

Revenue

In 2004-05, total receipts in Scotland are estimated at £36.4 billion, equivalent to 8.1% of total UK receipts (the main contributions coming from Income tax, Corporation tax, VAT, Social Security contributions, Local Authority revenues). This excludes North Sea oil revenues.

Net Borrowing (NB)

The Net Borrowing attributable to Scotland is the estimate of the extent to which expenditure for Scotland exceeds receipts. In 2004-05 it is calculated at £11.2 billion, equivalent to 12.0% of Scottish GDP.  This compares to an equivalent UK ratio of 3.8%.  These estimates also exclude North Sea oil revenues.

North Sea Revenues

North Sea Oil and Gas revenues are not included in the main GERS results, but are included in sensitivity analysis showing the effects of allocating different shares of North Sea revenue/output to Scotland.

In the event of all North Sea revenue being attributed to Scotland, the 2004-05 Net Borrowing would be £6 billion, or 4.8% of the Scottish GDP (including North Sea output).

Full Story

 

     

SECTION 3 - NOTES ON THIS WEEK’S CHAMBER BUSINESS

WEDNESDAY begins with a Ministerial Statement on the Local Government Finance Settlement 2007-08.

As any announcement must first be made to Parliament, no precise details on the contents of the settlement are available as yet.  Full details, however, will be published in the Official Report on Thursday.

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This is followed by the Executive debate on Fisheries, which was postponed from last week.

As noted in last week's e-Brief, this debate follows the conclusion of European fisheries negotiations with Norway.  These agreed a 14% cut in the cod, but an increase in the haddock, available to Europe's fishing fleets.  The deal, agreed in Brussels, follows agreement in October for an increase in the total allowable catch for mackerel.

The conclusion of the EU-Norway talks sees the end of the bulk of external fisheries negotiations which started with the agreement in Edinburgh at the end of October for a 13% increase in the mackerel quota.  The only outstanding external talks are the bilateral talks between the EU and Norway on Atlanto-Scandian Herring.

This most recent agreement covers:

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The day concludes with a Member's Business debate on the Stone of Destiny’s Return to Scone Palace from Murdo Fraser (CON).


THURSDAY morning begins with Stage 3 of the Legal Profession and Legal Aid (Scotland) Bill.

As the name suggests, this Bill has two main purposes: to reform how the legal profession is regulated and to reform some aspects of legal aid.

On the former, the Bill contains proposals intended to improve the system for the handling of complaints against legal practitioners in Scotland.  The legal profession in Scotland has moved from a system of "self-regulation" to one of "co-regulation" - a multi-layered regulatory framework involving bodies including the ordinary courts, the professional bodies (the Law Society of Scotland and the Faculty of Advocates), the Scottish Solicitors Discipline Tribunal and the Scottish Legal Services Ombudsman.

This Bill, however, proposes further change by creating a new, independent Scottish Legal Complaints Commission.  The Commission would be responsible for investigating complaints relating to the services provided by a practitioner where "inadequate professional services" is alleged.  At present, this type of complaint would be considered by the professional bodies themselves.  Complaints relating to the conduct of a practitioner, where "professional misconduct" or "unsatisfactory professional conduct" are alleged, will continue to be considered by the professional bodies themselves, subject to the new Commission overseeing how the complaint was handled by the bodies. 

The new complaints handling system will be funded by a general levy on the legal profession and also by a levy on individual practitioners who have been the subject of a complaint which is eligible to be considered by the Commission.

On the latter, the Bill implements the first stage of a programme to improve the delivery of all forms of publicly funded legal assistance, provided by both lawyers and non-lawyers. 

There are three main types of legal aid in Scotland:

The Bill repeals the rules requiring applications for Criminal Legal Aid in solemn proceedings to be made to the court and transfers the power to grant Criminal Legal Aid in such proceedings to the Scottish Legal Aid Board (SLAB).  The Bill also enables SLAB, for the first time, to make payments out of the legal aid fund to non-legally qualified individuals and bodies in certain categories of A&A.

For the enthusiast, a detailed summary of the changes made to the Bill at Stage 2 are online here: http://www.scottish.parliament.uk/business/research/briefings-06/SB06-106.pdf

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


In the afternoon, following Themed Question Time, Stage 3 of the Legal Profession and Legal Aid (Scotland) Bill will be concluded.

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The day closes with a Member's Business debate on The Carbon Trust from Nora Radcliffe (LD).

     

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