Interests of Members of the Scottish Parliament Bill 2006
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Passage of the Interests of Members of the Scottish Parliament Bill 2006 SPPB 98 Passage of the Interests of Members of the Scottish Parliament Bill 2006 SP Bill 44 (Session 2), subsequently 2006 asp 12 SPPB 98 EDINBURGH: APS GROUP SCOTLAND £55 For information in languages other than English or in alternative formats (for example Braille, large print, audio tape or various computer formats), please send your enquiry to Public Information, The Scottish Parliament, Edinburgh, EH991SP. You can also contact us by email [email protected] We welcome written correspondence in any language © Parliamentary copyright. Scottish Parliamentary Corporate Body 2012. Applications for reproduction should be made in writing to the Information Policy Team, Office of the Queen’s Printer for Scotland, Admail ADM4058, Edinburgh, EH1 1NG, or by email to: [email protected]. OQPS administers the copyright on behalf of the Scottish Parliamentary Corporate Body. Printed and published in Scotland on behalf of the Scottish Parliamentary Corporate Body by APS Group Scotland. ISBN 978-1-4061-8128-9 Contents Page Foreword Proposal for a Bill Report on Replacing the Members’ Interests Order, Standards Committee, 1 14 January 2005 Draft Committee Bill prepared by Standards Committee, March 2003 142 Extract from the Minutes of the Parliament, 24 February 2005 159 Official Report, Meeting of the Parliament, 24 February 2005 160 Extract from the Minutes, Standards and Public Appointments Committee, 171 28 June 2005 Extract from the Minutes, Standards and Public Appointments Committee, 172 8 September 2005 Introduction of the Bill Bill (As Introduced) (SP Bill 44) 173 Explanatory Notes (and other accompanying documents) (SP Bill 44-EN) 189 Stage 1 Report on the Financial Memorandum of the Interests of Members of the 207 Scottish Parliament Bill, Finance Committee Extract from the Minutes, Finance Committee, 20 September 2005 213 Official Report, Finance Committee, 20 September 2005 214 Extract from the Minutes of the Parliament, 14 December 2005 215 Official Report, Meeting of the Parliament, 14 December 2005 216 Before Stage 2 Correspondence from Scottish Parliamentary Standards Commissioner to 239 the Standards and Public Appointments Committee, 21 December 2005 Standards and Public Appointments Committee, Paper on issues raised by 241 the Scottish Parliamentary Standards Commissioner Extract from the Minutes, Standards and Public Appointments Committee, 245 17 January 2006 Official Report, Standards and Public Appointments Committee, 17 246 January 2006 Stage 2 1st Marshalled List of Amendments for Stage 2 (SP Bill 44-ML1) 250 1st Groupings of Amendments for Stage 2 (SP Bill 44-G1) 257 Extract from the Minutes, Interests of Members of the Scottish Parliament 259 Bill Committee, 8 March 2006 Official Report, Interests of Members of the Scottish Parliament Bill 260 Committee, 8 March 2006 2nd Marshalled List of Amendments for Stage 2 (SP Bill 44-ML2) 284 2nd Groupings of Amendments for Stage 2 (SP Bill 44-G2) 290 Extract from the Minutes, Interests of Members of the Scottish Parliament 292 Bill Committee, 15 March 2006 Official Report, Interests of Members of the Scottish Parliament Bill 293 Committee, 15 March 2006 Bill (As Amended at Stage 2) (SP Bill 44A [Revised]) 309 Revised Explanatory Notes (SP Bill 44A-EN) 325 After Stage 2 Standards and Public Appointments Committee, Paper on the Bill as 341 amended at Stage 2 Extract from the Minutes, Standards and Public Appointments Committee, 348 28 March 2006 Official Report, Standards and Public Appointments Committee, 28 March 349 2006 Stage 3 Extract from the Minutes, Subordinate Legislation Committee, 25 April 363 2006 Official Report, Subordinate Legislation Committee, 25 April 2006 364 Marshalled List of Amendments selected for Stage 3 (SP Bill 44A-ML) 365 Groupings of Amendments for Stage 3 (SP Bill 44A-G) 369 Extract from the Minutes of the Parliament, 26 April 2006 370 Official Report, Meeting of the Parliament, 26 April 2006 372 Bill (As Amended at Stage 3) (SP Bill 44B) 403 2nd Marshalled List of Amendments selected for Stage 3 (SP Bill 44B-ML2) 419 Extract from the Minutes of the Parliament, 8 June 2006 420 Official Report, Meeting of the Parliament, 8 June 2006 421 Bill As Passed (SP Bill 44C) 431 Foreword Purpose of the series The aim of this series is to bring together in a single place all the official Parliamentary documents relating to the passage of the Bill that becomes an Act of the Scottish Parliament (ASP). The list of documents included in any particular volume will depend on the nature of the Bill and the circumstances of its passage, but a typical volume will include: x every print of the Bill (usually three – “As Introduced”, “As Amended at Stage 2” and “As Passed”); x the accompanying documents published with the “As Introduced” print of the Bill (and any revised versions published at later Stages); x every Marshalled List of amendments from Stages 2 and 3; x every Groupings list from Stages 2 and 3; x the lead Committee’s “Stage 1 report” (which itself includes reports of other committees involved in the Stage 1 process, relevant committee Minutes and extracts from the Official Report of Stage 1 proceedings); x the Official Report of the Stage 1 and Stage 3 debates in the Parliament; x the Official Report of Stage 2 committee consideration; x the Minutes (or relevant extracts) of relevant Committee meetings and of the Parliament for Stages 1 and 3. All documents included are re-printed in the original layout and format, but with minor typographical and layout errors corrected. Documents in each volume are arranged in the order in which they relate to the passage of the Bill through its various stages, from introduction to passing. The Act itself is not included on the grounds that it is already generally available and is, in any case, not a Parliamentary publication. Outline of the legislative process Bills in the Scottish Parliament follow a three-stage process. The fundamentals of the process are laid down by section 36(1) of the Scotland Act 1998, and amplified by Chapter 9 of the Parliament’s Standing Orders. In outline, the process is as follows: x Introduction, followed by publication of the Bill and its accompanying documents; x Stage 1: the Bill is first referred to a relevant committee, which produces a report informed by evidence from interested parties, then the Parliament debates the Bill and decides whether to agree to its general principles; x Stage 2: the Bill returns to a committee for detailed consideration of amendments; x Stage 3: the Bill is considered by the Parliament, with consideration of further amendments followed by a debate and a decision on whether to pass the Bill. After a Bill is passed, three law officers and the Secretary of State have a period of four weeks within which they may challenge the Bill under sections 33 and 35 of the Scotland Act respectively. The Bill may then be submitted for Royal Assent, at which point it becomes an Act. Standing Orders allow for some variations from the above pattern in some cases. For example, Bills may be referred back to a committee during Stage 3 for further Stage 2 consideration. In addition, the procedures vary for certain categories of Bills, such as Committee Bills or Emergency Bills. For some volumes in the series, relevant proceedings prior to introduction (such as pre-legislative scrutiny of a draft Bill) may be included. The reader who is unfamiliar with Bill procedures, or with the terminology of legislation more generally, is advised to consult in the first instance the Guidance on Public Bills published by the Parliament. That Guidance, and the Standing Orders, are available for sale from Stationery Office bookshops or free of charge on the Parliament’s website (www.scottish.parliament.uk). The series is produced by the Legislation Team within the Parliament’s Chamber Office. Comments on this volume or on the series as a whole may be sent to the Legislation Team at the Scottish Parliament, Edinburgh EH99 1SP. Notes on this volume The Bill to which this volume relates was a Committee Bill. Committee Bills are Public Bills introduced by the convener of a committee on the committee’s behalf, rather than by the Scottish Executive or by an individual backbench MSP. Such a Bill can be introduced only after the Parliament has agreed to a proposal prepared by the relevant committee (which may follow an inquiry by the committee into the general topic). A Stage 1 report by a lead committee is not required. These procedural differences are reflected in the structure of this volume. At the establishment of the Parliament in 1999, provision for the registration of Members’ interests was made by an order under the Scotland Act 1998 – the Scotland Act 1998 (Transitory and Transitional Provisions) (Members’ Interests) Order 1999 (S.I. No. 1350). The order anticipated its eventual replacement by an Act of the Scottish Parliament. A proposal for a Committee Bill to replace the order was originally considered by the Standards Committee of the first parliamentary session, and the Parliament agreed to the proposal in October 2002. The Committee had hoped that legislation on Members’ interests would have been passed by the end of the first session. Due to pressure on the timetable from other legislation that had already been introduced, that was not possible and a Bill was not introduced in the first session to give effect to this proposal. The Standards Committee, however, published a report and draft Committee Bill in March 2003 to allow interested parties to examine the possible form of legislation that might be introduced in the next session. The Standards Committee of the second parliamentary session (renamed the Standards and Public Appointments Committee with effect from 18 March 2005) gave further consideration to the issue and agreed to proceed with a Committee Bill in similar terms to that proposed by the first session committee.