Scottish Parliament e-Brief
Issue 45, 4th December 2000
SECTION 1 - BUSINESS THIS WEEK
THE CHAMBER
Wednesday 6th December 2000
Thursday 7th December 2000
COMMITTEE BUSINESS
The highlights of this week’s committee business are:
For a fuller account on the work of the committees, please see tomorrow’s Committee Brief.
SECTION 2 - NEWS
CONSULTATION ON IMPROVEMENT OF THE RAILWAYS ANNOUNCED
The operator of Scotland's trains can in future expect to be punished if it does not come up to scratch, says Scottish Transport Minister Sarah Boyack.
The franchise currently held by Scotrail is due to expire in March 2004.
The transport minister was setting out what improvements she wanted to see in the Scottish rail network in the run-up to the franchise going up for grabs.
She launched a consultation period, to last until February next year, which will take into account the views of all interested parties.
These will be used to draft the direction and guidance given to the Strategic Rail Authority (SRA) when it decides who will operate the next franchise.
The minister said the franchise period was being extended from seven years to 15 or 20 years to give the company running Scotland's railways the chance to invest properly.
"This gives us a chance to focus on what we want for the next 15 or 20 years in Scotland," said Ms Boyack. "There is a very powerful carrot and stick for the chosen company. If it does better then it can expect good incentive payments but if it does worse they will have to pay penalties."
Ms Boyack said a number of improvements needed to be made in the service currently being provided to Scotland's rail passengers. Those included increased frequency and longer trains for urban areas, and reductions in journey times for rural communities and to regional centres.
Chris Austin, executive director for external relations at the shadow Strategic Rail Authority, who will choose the next franchise holder, said the future for the railway system in Scotland was bright. Mr Austin said the SRA will look carefully at all the companies bidding to run the rail network in Scotland to make sure the right one is chosen.
The consultation paper, Strategic Priorities for Scotland's Passenger Railway, is being sent to a wide range of bodies with an interest in the nation's railways.
ABUSE VICTIMS SHOULD NOT SUFFER IN SILENCE - BAILLIE
Victims of domestic abuse should never suffer in silence, says Scottish social justice minister Jackie Baillie.
The minister was speaking in the Parliament on a debate last week on domestic abuse, after the Scottish Executive unveiled an £18.3 million package aimed at prevention, protection and provision for victims.
She said the £10 million to fun new refuge provision should provide a space for every woman and child needing a space.
She told MSPs that the Executive aimed to prevent crimes of violence against women and children, and provide appropriate legislative protection and adequate services for victims.
Currently there are about 320 refuge places but 680 were needed.
"We want to make sure Scotland is a leader not only within the UK but in the world. We are not complacent - there is an enormous task ahead of us but we have not started to scratch the surface.
"We are continuing to work on awareness raising with a brand new advertising campaign to be screened in the festive period.
"Research shows this works. Domestic violence is not just a feminist issue but a matter of basic human rights. The right to security and the right to live our lives free from fear. Victims of domestic abuse are never to blame and need never suffer in silence."
MSPs STUDY EXTRA POWERS FOR SCOTTISH MINISTERS
A committee of MSPs is set to decide whether to back plans to give more powers to Scottish ministers.
The Transport and the Environment Committee will decide whether or not to support changes being called for by environment minister Sam Galbraith.
Mr Galbraith has lodged a motion urging Parliament to support a draft order giving ministers more powers over cross-border authorities.
If Parliament votes to back the changes, the Scottish Executive will win greater powers over seven cross-border bodies, including the British Waterways Board (BWB).
The Inland Waterways Amenity advisory Council (IWAAC), the Royal Commission on Environmental Pollution (RCEP) and The Fire Services Examination Board (FSEB) would also be affected.
SECTION 3 - NOTES ON THIS WEEK’S CHAMBER BUSINESS
WEDNESDAY
The main business on Wednesday is Stage 3 of the Abolition of Poindings and Warrant Sales Bill.
Tommy Sheridan announced in August last year that he intended to introduce a Private Members Bill in the Scottish Parliament that that would amend the Debtors (Scotland) Act 1987 by having poindings and warrant sales abolished. Poinding is the procedure whereby a person’s goods are priced in preparation for the enforced sale of the debtor’s possessions.
The Bill as introduced was short and straightforward. Section 1 would abolish poindings and warrant sales as a form of ‘diligence’ both in common law and by repealing the relevant parts of the 1987 Act. Abolition would not have retrospective effects – in other words, all poinding and sales would continue if the process has already begun. It would also apply to all debts whether incurred by individuals or businesses.
As originally drafted the Bill would have come into force immediately on enactment.
Click here to read the Stage 1 debate
At stage 2, two sets of Executive amendments, dealing with definitions and with repeals, were agreed without controversy.
The first controversial area concerned transitional provisions. The Executive has successfully amended the Bill to give themselves appropriate powers, as they see it, to deal with the winding up of poindings and warrant sales and the change to a new system. The Justice Committee backed them, but they did express reservations about the Executive taking powers to make further unspecified provision by negative statutory instrument. (ie Secondary Legislation)
The second area of controversy, as in April, was around the commencement date of the Bill. The Executive has amended the Bill so that it will ‘come into force on 31st December 2002 or such earlier date as the Scottish Ministers may appoint’. This provides a backstop by which, if no alternative has been found, poindings and warrant sales will be abolished anyway. Sheridan argued for a date of April 2001.
Click Here to read the Stage 2 proceedings at the Justice Committee
The Bill is now at its final stage. As of 1st December only one amendment for stage 3 has appeared in the Business Bulletin, although others may well follow. This is from the Deputy Justice Minister, Iain Gray, and tidies up the transitional arrangements where a warrant sale has already been completed before abolition takes effect.
This is followed by debate of a Private Member’s motion in the name of Tommy Sheridan (SSP) on the Glasgow Light Rail Scheme.
THURSDAY
Thursday begins with a Ministerial Statement on the Local Government Settlement. No details are available of the content of the statement as yet. However, copies of the transcript of the announcement will be available on the Scottish Parliament website from Friday morning onwards.
This is followed by an Executive Debate on Sea Fisheries. This debate comes in advance of the December meeting of the European Council of Fisheries Ministers. This meeting will discuss the total allowable catches of various types of fish – that is, the quotas for fish catches which Scottish Fishermen have to abide by.
Very difficult negotiations are expected at the Council meeting. Stocks of cod are extremely low and in order to prevent the extinction of the species in European waters, scientists have advised a huge reduction in the amount of cod caught.
At the December meeting of the European Council of Fisheries Ministers (on December 14th and probably running into December 15th), Deputy Minister for Rural Development Rhona Brankin will negotiate as part of the UK team of ministers.
In the afternoon, after Question Time, there will be a short Executive Debate on the National Alcohol Misuse Strategy.
It is anticipated that the debate will concentrate on 2 themes: i) underlining the damage alcohol misuse does in Scotland and ii) how the Executive proposes to tackle it.
The day’s member’s business debate is more significant than usual. The debate on Scott Barrie’s (LAB) "Let’s Keep it Safe" motion is the 100th private members debate to be held in the Parliament.
Private member’s debates have proved popular with both MSPs and the campaign groups can have raised the profile of issues through them.
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