Scottish Parliament e-Brief

Issue 87, 22^nd October 2001

SECTION 1 - BUSINESS THIS WEEK

THE CHAMBER

IN COMMITTEE

This week's likely highlights are:

• European – takes evidence from SNP and Conservative MPs on Governance in the European Union.
• Procedures – will consider a report from MORI for the Consultative Steering Group inquiry.
• Finance – takes evidence from Scottish Executive officials on the draft budget.
• Education – takes evidence from Education Minister, Jack McConnell, on both the budget process and the School Education (Amendment) Bill. The Committee also takes evidence from Culture & Sport Minister, Allan Wilson, on the budget process.
• Local Government Committee – will take evidence from a considerable number of local government councillors and officials on both the Community Care and Health Bill and the Scottish Local Government (Elections) Bill.
• Rural Development – takes two petitions asking for a revised Less Favoured Area Support Scheme. Members will also take evidence on the Budget Process.
• Justice 1 – will consider the petition by Scotland Against Crooked Lawyers and will also take evidence for its Prison inquiry.
• Enterprise & Lifelong Learning – will take evidence for its lifelong learning enquiry.

More detail will follow in tomorrow's Committee News.

SECTION 2 - NEWS

BUS PASSENGERS TO GET NEW WATCHDOG
Bus passengers are to have a powerful new body to turn to with complaints about poor services, it has been announced. Combined with more flexible penalties which can be imposed on bus operators for poor performance, the Executive believes a new era of scrutiny of bus service provision is about to begin.

Transport Minister Sarah Boyack has launched a consultation paper on the role and powers of the Bus Users Complaints Tribunal (BUCT), which will come into force in early 2002.

Following the Transport (Scotland) Act 2001, which received Royal Assent earlier this year, Ms Boyack said she would establish the new tribunal to consider complaints about the delivery of local registered services which have not been satisfactorily resolved by a bus operator. As a result, the BUCT will have the power to investigate such complaints and the power to require the bus companies to pay compensation to passengers in certain circumstances. The consultation paper seeks views on what those circumstances might be. A convenor and two members of the tribunal will be appointed in due course.

In addition, the 2001 Act gave the Traffic Commissioner more flexibility in how he applies his enforcement powers, making it easier to penalise bus companies for poor performance.

Full Story

RADICAL OVERHAUL OF MENTAL HEALTH LAWS UNVEILED
Proposals have been set out for the most fundamental overhaul of Scotland’s mental health laws for 40 years.

Setting out new legislative proposals in the policy statement, Renewing Mental Health Law, Health Minister Susan Deacon promised clearer, fairer, safer laws for patients, carers and health professionals that reflect a balance of rights and responsibilities.

The Executive’s proposals follow the publication in January this year of the most systematic ever examination of Scotland’s mental health legislation by the Millan Committee.

Key measures in the policy statement include:

• New procedures to allow compulsory treatment to be tailored to individual patients, allowing for the first time some patients (such as manic depressives) to be treated in a community setting rather than in hospital;
• The establishment of an independent Mental Health Tribunal to take key decisions on compulsory treatment, currently carried out in Sheriff Courts. Chaired by an experienced lawyer, with support from medical and community care experts, it will encourage the participation of patients who will also have access to free legal representation; and
• Stronger rights for patients and carers including new duties on local authorities and NHS Boards to develop advocacy services, together with the right for patients to make advance statements about their care at the new Tribunals.

The statement also confirms that mental health tribunals, chaired by Sheriffs, will be responsible for decisions on the discharge of patients placed under restrictions by the criminal courts. But Ministers will retain the responsibility for overseeing their risk management.

Ms Deacon also confirmed that, following the decision of the Privy Council on Monday that legislation introduced after the Ruddle case in 1999 is ECHR-compliant, the new legislation would continue to ensure that there are no gaps. This will make sure that offenders placed under special restrictions, and who remain dangerous, are not discharged into the community.

The First Minister announced on 5th September 2001 that a Mental Health Bill will be introduced early next year.

Full Story

SECTION 3 - NOTES ON THIS WEEK’S CHAMBER BUSINESS

As this is the first week back after the October recess, a number of decisions on the week's business still remain to be taken - making this one of the shortest briefing notes ever. At the latest, the Business Programme will be finalised at the Parliamentary Bureau tomorrow and will be published in Wednesday's Business Bulletin.

Accordingly, there is little available information on WEDNESDAY's business, as the topic of neither the Ministerial Statement nor Sewell Motion (which allows Westminster to legislate on devolved issues) has been announced.

One thing of which we can be sure, however, is that Member's Business comes from the Conservative, David Mundell, and discusses Disabled Access to Railway Station Platforms.

It is a similar story on THURSDAY, with neither of the SNP's motions (on "Scotland's Railways" and "Scotland and the Current International Situation") being published. The exact issues to be raised are therefore unclear. Again, the full text will appear in the Business Bulletin in due course.

After Question Time and First Minister's Question Time, there is a debate on an Executive motion on The National Cultural Strategy - One Year On.

Again, the motion itself has not been published. However, as the name suggests, the substance of the debate should concentrate on how the Executive is progressing towards delivering the policies set out in the strategy. These include:

• Widening education programmes in and by national museums, galleries and other organisations;
• Promoting excellence in traditional arts;
• Maximising the potential of Information and Communication Technology (ICT) to enhance and widen cultural participation and access;
• Extending the positive relationship between local and national museums, galleries and national heritage bodies;
• Maximising the contribution of both the cultural sector and the creative industries to Scotland's economy;
• Securing Scotland's position as a film-friendly place;
• The development of a successful national theatre for Scotland; and
• Enhancing the national and international roles of the 'national' companies.

Click here to read to the National Cultural Strategy in Full

The day concludes with a Member's Business debate on the Edinburgh Declaration for Ocean Recovery from Tavish Scott (LIB DEM).

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