mAg/S3/08/37 PARLIAMENTARY BUREAU

AGENDA FOR MEETING ON TUESDAY 16 DECEMBER 2008 2.00pm: Room Q1.03

1. Minutes (a) Draft minutes of 9 December 2008 (attached) (b) Matters arising

2. Future Business Programme (PB/S3/08/146)

3. Legislation (a) Legislative Consent Memorandum – Local Democracy, Economic Development and Construction Bill (PB/S3/08/147)

(b) Legislative Consent Memorandum – Marine and Coastal Access Bill (PB/S3/08/148) (to follow)

(c) Proposed End of Life Choices (Scotland) Bill – referral of draft proposal (PB/S3/08/149)

4. Publication scheme – consideration of any exempt papers

5. Date of next meeting – Tuesday 6 January 2009

PARLIAMENTARY BUREAU

POSSIBLE MOTIONS FOR MEMBERS BUSINESS

1. Bureau Members will be aware that under Rule 5.6.1(c) the Bureau has a duty to ensure that there is a period of time available for Members’ Business following Decision Time.

2. Motions submitted for Members’ Business are shown below.

S3M-3073# Bill Kidd: Knightswood Youth Theatre Announced as a Winner of Phillip Lawrence Awards—That the Parliament offers its congratulations to Knightswood Youth Theatre, which was announced a winner in the Phillip Lawrence Awards, a prestigious national awards scheme that celebrates outstanding contributions made by young people to their community; commends the Knightswood Youth Theatre for bringing together young asylum seekers and refugees with young people from the local area to talk and share feelings, and commends its use of drama as a medium to increase mutual understanding and help the wider community gain a better understanding of young people’s views and aspirations, on a wide range of controversial issues, including dawn raids, racism, alcoholism, divorce, bullying, teen suicide, friendship and romance.

Supported by: Christina McKelvie, Rob Gibson, Alasdair Allan, Jamie Hepburn, Bashir Ahmad, Kenneth Gibson, Patrick Harvie, Aileen Campbell, Bob Doris, Stuart McMillan, Robin Harper, Bill Butler, Hugh Henry, Alex Neil

S3M-3038# Sandra White: Devastating Cuts At The Herald and Evening Times—That the Parliament condemns the announcement that all staff at The Herald and Evening Times in Glasgow will be made redundant and have to re-apply for their jobs under new terms and conditions, which it believes will inevitably leave them worse off, and further believes that this reorganisation will have a damaging effect on editorial independence among the titles and should be re-evaluated.

Supported by: Alasdair Allan, Hugh O’Donnell, Stuart McMillan, Andrew Welsh, Pauline McNeill, Shirley-Anne Somerville, Bill Kidd, Aileen Campbell, Rob Gibson, Bashir Ahmad, Christine Grahame, Kenneth Gibson, Brian Adam, Christina McKelvie, Bill Wilson, Cathy Peattie, Bob Doris, Patrick Harvie, Joe FitzPatrick, Ken Macintosh, Willie Coffey, Ian McKee, Dave Thompson, Jamie Hepburn, Michael Matheson

S3M-2999# Bill Butler: Glasgow Community Champion Awards—That the Parliament welcomes the Glasgow Community Champion Awards promoted by the Evening Times and supported by Glasgow City Council, Glasgow Community Planning Partnership, Strathclyde Police and Strathclyde Fire and Rescue; congratulates all the nominees for the six award categories in the west area and wishes them all a memorable evening at the local award ceremony to be held at Drumchapel Community Centre on Tuesday 2 December 2008, and looks forward to future award ceremonies throughout Glasgow over the next few months, which will serve to recognise the selfless commitment, hard work and public-spiritedness of the many Glaswegians who seek to improve the quality of life of others living in their communities.

Supported by: Mary Mulligan, James Kelly, Jackson Carlaw, Mr Frank McAveety, Jamie McGrigor, Alasdair Allan, Dr Richard Simpson, Kenneth Gibson, Bob Doris, Helen Eadie, Stuart McMillan, Trish Godman, Gil Paterson, Sandra White, Bill Kidd, Jamie Hepburn, Jackie Baillie, Des McNulty, Pauline McNeill, Hugh Henry, Robin Harper, Karen Whitefield, Angela Constance, Cathy Jamieson

S3M-2985# Mary Mulligan: Young Roots Films of Woodland in Scotland—That the Parliament congratulates the Woodland Trust Scotland and pupils of Bathgate Academy,

Deans Community High, Inveralmond Community High, Linlithgow Academy and Whitburn Academy for producing the Young Roots videos, representing various views of local woodlands; recognises that this has helped the young people to understand the contribution of woodland to their environment and to gain skills on film-making, and hopes that the videos can be made available to school and community groups across Scotland to raise awareness of the many woodlands throughout Scotland.

Supported by: Patrick Harvie, Shirley-Anne Somerville, Bashir Ahmad, Paul Martin, Bill Kidd, Ken Macintosh, Robin Harper, Hugh Henry, Cathy Jamieson, Elizabeth Smith, Claire Baker, Nanette Milne, Jackson Carlaw, Trish Godman, Mr Frank McAveety, Patricia Ferguson, Angela Constance, Roseanna Cunningham, Jackie Baillie, Stuart McMillan, Pauline McNeill, Karen Whitefield

S3M-2957# Lewis Macdonald: Aberdeen Forensic Science Laboratory—That the Parliament notes the proposals made by the Scottish Police Services Authority for the closure of the forensic science laboratory in Aberdeen; welcomes the direction issued by the Cabinet Secretary for Justice to the authority in May 2008 that it should engage in fresh consultation with interested parties; considers, with regret, that the authority’s consultation document published in November 2008 amounts to no more than a further case for closure; believes that the authority has thereby appeared to suggest that the conclusion of its consultation has already been determined in favour of closure, and further believes that the continued provision of forensic services to Grampian Police and Northern Constabulary by the forensic laboratory in Aberdeen is one of a number of options worthy of proper consideration in a meaningful consultation process.

Supported by: Richard Baker, Nanette Milne, George Foulkes, Michael McMahon, Mike Rumbles, Elaine Murray, Helen Eadie, Trish Godman, Robin Harper, Alison McInnes, Mary Mulligan, Marilyn Livingstone, Nigel Don, Mary Scanlon, Brian Adam

S3M-2932# Jamie McGrigor: Future of the Bull Hire Scheme—That the Parliament notes the proposals to abolish the current Bull Hire Scheme for crofters; is aware of genuinely felt concerns among crofters over this proposal and the potentially more costly and inconvenient options that might replace the scheme; believes that the current Bull Hire Scheme has widespread support within the crofting sector and has played an extremely important part in maintaining the quality of cattle stock in the crofting counties, and further believes that some form of bull hire scheme is in the best interests of crofters and stock quality in the crofting counties.

Supported by: Murdo Fraser, Mary Scanlon, Ted Brocklebank, John Scott, John Lamont, Margaret Mitchell, Bill Aitken, Nanette Milne, Elizabeth Smith, Annabel Goldie, Christopher Harvie, Robin Harper, Liam McArthur, Peter Peacock, Rhoda Grant, David Stewart

S3M-2926# Mary Mulligan: Shelter Scotland 40 Years On—That the Parliament welcomes the publication by Shelter Scotland of the 40 Years On booklet, which marks the 40th anniversary of the establishment of Shelter Scotland on 3 October 1968; notes that throughout its existence Shelter Scotland has consistently spoken out on behalf of those who are homeless or in poor-quality housing; further notes that Shelter Scotland has been at the cutting edge of developing services, including the opening of housing aid centres, the rural housing initiative, care and repair schemes for older people, the launch of the Housing Law Service, the returning home initiative and the Rough Sleepers Initiative, and was instrumental in the establishment of housing associations in Scotland such as Castle Rock Housing Association, now Castle Rock Edinvar Housing Association; further notes that Shelter Scotland is today the largest provider of online housing advice in the country; recognises that Shelter played a key role in the development of the Homelessness Task Force, which for the first time led to the establishment of a legal commitment to give all homeless people the right to a home by 2012, and welcomes the ongoing contribution which Shelter Scotland makes in the challenge of providing good-quality housing for all in Scotland.

Supported by: Bashir Ahmad, Jim Tolson, Kenneth Gibson, Margaret Curran, Liam McArthur, Cathy Jamieson, Marlyn Glen, John Park, David Whitton, Patricia Ferguson, Alex Neil, Nanette Milne, George Foulkes, Malcolm Chisholm, Ross Finnie, Bill Butler, Mike Pringle, Patrick Harvie, Roseanna Cunningham, Hugh O’Donnell, Christina McKelvie, Gil Paterson, Robert Brown, Jamie Hepburn, Claire Baker, Sarah Boyack, Alison McInnes, Shirley-Anne Somerville, Ms Wendy Alexander, Mr Frank McAveety, Angela Constance, Dr Richard Simpson, Christine Grahame, Cathie Craigie, Robin Harper, Jackie Baillie, Margo MacDonald, Cathy Peattie, Jack McConnell, Karen Whitefield, Dave Thompson, Keith Brown, Marilyn Livingstone, Peter Peacock

S3M-2898# Ian McKee: Recognising the Role of a Healthy, Competitive Television Industry in the Cultural Life of Scotland—That the Parliament recognises the contribution made to the cultural and social life of Scotland and, in particular, in Glasgow and Edinburgh, by a vibrant and competitive home-based television programme-making sector; recognises the role of STV as Scotland’s only commercial public sector broadcasting (PSB) provider, a function that it has provided for 50 years; supports Ofcom’s enhanced evolution option, with STV continuing to provide PSB for Scotland as part of a wider UK network; rejects ITV plc’s call for a single UK-wide brand, which would not be in the interests of Scotland; supports STV’s bid to continue to be a PSB licence holder for Scotland, and, recognising that the company is outside the ITV commissioning process, supports STV’s request to be awarded independent producer status, making it easier for other channels to commission programme production from Scotland.

Supported by: Jamie Hepburn, Alex Neil, Michael Matheson, Kenneth Gibson, Bill Kidd, Stuart McMillan, Sandra White, Hugh Henry, Brian Adam, Gil Paterson, Margo MacDonald, Christine Grahame, Robin Harper, Bob Doris, Dave Thompson, Alison McInnes*

S3M-2878# Pauline McNeill: Dignity for Palestinians—That the Parliament welcomes the passage of the boat, Dignity, which travelled from Cyprus to Gaza with 11 European parliamentarians including three members of the Scottish Parliament on board; recognises that this is the third boat to challenge the siege of Gaza, which has become a permanent blockade and which has affected every aspect of Palestinian life to the point where they are now in receipt of the largest food aid programme in the world; is concerned about the impact of the blockade on ordinary Palestinians, denying them basic health care rights as there is a shortage of medicine, proper medical equipment and severe restrictions on leaving Gaza for referral treatment, which has resulted in many deaths as recorded by the World Health Organisation; supports the efforts of Edinburgh Direct Aid to send aid to Gaza, and recognises that action by the international community, to secure an end to the siege of Gaza and implement international law, is key to encouraging long-term peace in the Middle East.

Supported by: Dr Richard Simpson, Sarah Boyack, Bob Doris, Jackie Baillie, Alasdair Allan, Bill Kidd, Bill Butler, Bill Wilson, Marlyn Glen, Roseanna Cunningham, Sandra White, Cathy Jamieson, Liam McArthur, Gil Paterson, Robin Harper, Trish Godman, Joe FitzPatrick, Patrick Harvie, Ms Wendy Alexander, John Park, Mary Mulligan, Shirley-Anne Somerville, Alex Neil, Jamie Hepburn, Hugh Henry, Malcolm Chisholm, Mr Frank McAveety, Cathy Peattie, Bashir Ahmad, Elaine Murray, Rhoda Grant, Mike Pringle, David Stewart

S3M-2873# Sandra White: Successful Mercy Mission to Gaza—That the Parliament congratulates the success of the European Campaign to End the Siege on Gaza and the Free Gaza Movement on their successful mission to break the blockade of Gaza and deliver much needed medical supplies and equipment to the people of Gaza; notes that alongside politicians from around Europe, such as Claire Short MP and Lord Nazir Ahmed, the successful delegation included Sandra White MSP, Pauline McNeill MSP and Hugh O’Donnell MSP; further notes that, after the refusal of the Egyptian authorities to provide safe passage, the group successfully sailed from Cyprus to Gaza despite the close attention of the Israeli navy; hopes that these actions will give hope to the many Palestinians throughout the world, including Glasgow, that the blockade will be ended, and believes that only by all parties

working together can we resolve this issue, which is causing untold suffering to the ordinary people of Gaza.

Supported by: Bill Kidd, Hugh Henry, Robin Harper, Marlyn Glen, Christina McKelvie, Bob Doris, Gil Paterson, Bill Wilson, Rob Gibson, Joe FitzPatrick, Aileen Campbell, Pauline McNeill, Keith Brown, Jamie Hepburn, Alex Neil, Hugh O’Donnell, Bashir Ahmad, Michael Matheson, Mike Pringle, Dave Thompson, Dr Richard Simpson

S3M-2842# Bill Butler: The Hospital Broadcasting Service—That the Parliament recognises the work of the Hospital Broadcasting Service (HBS), which broadcasts to a number of hospitals in the NHS Greater Glasgow and Clyde area; commends its commitment to providing a regular and varied selection of programmes to patients; praises the recent revamp of the service at Drumchapel Hospital through the relaunch of the request programme; salutes the efforts and hard work of HBS volunteers, who provide a vital link with and ongoing point of contact for patients through regular hospital visits; further recognises that HBS provides high quality training and encouragement to its members as well as the role that it has played in the development of the careers of several distinguished Scottish broadcasters, and wishes HBS continued success in the years ahead.

Supported by: Brian Adam, Bob Doris, Kenneth Gibson, Bill Kidd, Bashir Ahmad, Jamie McGrigor, Iain Gray, Cathy Peattie, John Park, Cathy Jamieson, Jackson Carlaw, Jackie Baillie, Patrick Harvie, Robin Harper, Dr Richard Simpson, James Kelly, Ross Finnie, David Whitton, Mary Mulligan, Marilyn Livingstone, Andy Kerr, Jamie Hepburn, Karen Whitefield, Ken Macintosh, Sarah Boyack, Cathie Craigie, Jack McConnell, David Stewart, Patricia Ferguson, Pauline McNeill, Mr Frank McAveety, Hugh O’Donnell

S3M-2808# Stuart McMillan: 65 Years of Piping Excellence—That the Parliament congratulates the College of Piping in Glasgow on its 65th anniversary year in 2009; acknowledges the importance of the college in teaching people of all ages and from all backgrounds since 27 October 1944; notes that it also welcomes students from around the world, and further congratulates the college for being the oldest piping educational establishment in Scotland.

Supported by: Bob Doris, Jamie Hepburn, Sandra White, Alasdair Allan, Bill Kidd, Mary Scanlon, Jamie McGrigor, John Lamont, Bill Wilson, Jackson Carlaw, Nanette Milne, Robin Harper, Jackie Baillie, Ken Macintosh, Kenneth Gibson, Shirley-Anne Somerville, Paul Martin, Mike Pringle, Roseanna Cunningham, Gil Paterson, Ian McKee, Alex Neil, Dave Thompson, Cathy Peattie, Bill Aitken, Jack McConnell, Christina McKelvie, Michael Matheson, Willie Coffey, Keith Brown, Peter Peacock

S3M-2805# Cathy Jamieson: Carers’ Rights Day—That the Parliament welcomes Carers’ Rights Day 2008 on Friday 5 December, aimed at increasing awareness of the invaluable role of carers across Scotland in looking after a disabled or vulnerable loved one, as well as the advice and support available to them; notes with concern research by Carers Scotland that nearly three quarters of the estimated 666,000 carers in Scotland are financially worse-off as a result of caring, with many living in poverty; is further concerned that many carers do not realise the range of financial help and advice that they are entitled to; therefore congratulates Carers Scotland on its work to improve the uptake of available assistance through the publication of its booklet Looking after someone: a guide to carers’ rights and benefits and its website www.carerscotland.org, which also includes details of over 1,000 outreach events in conjunction with similar organisations across the United Kingdom, and further notes the role that MSPs of all parties can play in the Parliament and in their constituencies or regions to help ensure that carers receive the support that they richly deserve.

Supported by: Trish Godman, John Scott, Jamie Hepburn, Jack McConnell, Sarah Boyack, David Stewart, Rhoda Grant, Karen Whitefield, Tom McCabe

S3M-2794# Nanette Milne: Seabirds—That the Parliament notes with concern recent data from the Royal Society for the Protection of Birds (RSPB) Scotland highlighting another terrible season for Scotland’s breeding seabirds, notably Arctic skuas, Arctic terns and kittiwakes; is alarmed that many of our internationally important species have now suffered successive poor breeding seasons over a period of years, with evidence suggesting that the Scottish populations of these species are experiencing substantial declines; notes that Scotland is an internationally important breeding ground for seabirds, with spectacular coastal seabird colonies in areas such as north-east Scotland and the Northern Isles containing 45% of the European Union’s breeding populations; further notes that seabird populations are a key health indicator for the marine environment as a whole, and considers that the forthcoming Scottish marine bill offers an opportunity to examine what can be done to address the catastrophic decline of our seabird populations.

Supported by: John Scott, Jackson Carlaw, Elizabeth Smith, Roseanna Cunningham, John Lamont, Joe FitzPatrick, Bill Aitken, Elaine Murray, Jamie McGrigor, Ms Wendy Alexander, Murdo Fraser, Hugh O’Donnell, Liam McArthur, Bill Wilson, Bill Kidd, Alex Johnstone, John Wilson, Ken Macintosh, Kenneth Gibson, Robin Harper, Sarah Boyack, Ted Brocklebank, Jack McConnell, Jamie Hepburn, Annabel Goldie, Cathy Jamieson, Cathy Peattie, Keith Brown, Peter Peacock

S3M-2768# Alex Neil: Lloyds TSB Takeover of HBOS—That the Parliament gives a general welcome to the measures taken by the UK and other governments to tackle the current banking crisis; considers, however, that the recapitalisation plans announced by HM Treasury in October 2008 have fundamentally changed the landscape under which competition rules were waived to enable a merger between Lloyds TSB and Halifax Bank of Scotland (HBOS); further considers that inconsistent statements have come from the Treasury about whether or not the banks would independently have access to the recapitalisation funds; believes that this ambiguity is not serving anyone’s interests in the present environment; further believes that losing HBOS corporate headquarters and jobs in Edinburgh would seriously jeopardise the city’s position as a financial centre; sees no reason why HBOS should not be able to access UK Treasury recapitalisation and, therefore, liquidity funding on the same independent basis as other major banks, and, with this in mind, considers it a very real possibility that an independent HBOS solution could be found that may well be in the best interests of shareholders, employees, customers and the Scottish economy at large.

Supported by: Ian McKee, Rob Gibson, Shirley-Anne Somerville, Kenneth Gibson, Sandra White, Christine Grahame, Bashir Ahmad, Aileen Campbell, Bill Kidd, Jamie Hepburn, Gil Paterson, Angela Constance, Robin Harper, Roseanna Cunningham, Bill Wilson, Bob Doris, Brian Adam, Michael Matheson, Christina McKelvie, Dave Thompson, Stuart McMillan, Joe FitzPatrick, Keith Brown, Nigel Don, Alasdair Allan

S3M-2753# Jim Hume: Post Office Closures—That the Parliament deplores the decision taken by Post Office Ltd to remain committed to its original post office branch closure programme across the South of Scotland despite the numerous strong objections made by individuals, businesses and community groups; further deplores the loss in particular of Greenlaw Post Office, which was shown to be a thriving and profitable business; notes with deep concern the detrimental impact that this loss of service provision in Greenlaw will have on the economy of the immediate local community and surrounding area, individuals and small to medium-sized businesses reliant upon a service that is very localised and customised to their specific needs and that provides face-to-face personal support and advice to elderly, disabled and vulnerable people, and calls on the Scottish Government to take urgent action to retain effective and comprehensive postal services in Greenlaw and the rest of the South of Scotland.

Supported by: John Lamont, Jim Tolson, Mike Pringle, Gil Paterson, Robin Harper, Hugh O’Donnell

S3M-2712# Bill Butler: Show Racism the Red Card’s Fortnight of Action—That the Parliament supports Show Racism the Red Card’s (SRTRC) 5th annual Fortnight of Action, which takes place from 16 to 30 October 2008 and will see a number of high profile events aimed at tackling racism and celebrating cultural diversity at football matches across the country; notes that, since it inception in Scotland, SRTRC has proved consistently successful in using football as a tool to challenge racism, ignorance, intolerance and bigotry in both sport and wider society; recognises the quality of SRTRC educational resources and programmes, which are rolled out across schools in Scotland; welcomes the development of SRTRC’s Islamophobia package, which seeks to challenge many of the myths that have become attached to the subject of Islam, and wishes the Scottish Parliament’s football team the best of luck with its contribution to the campaign when it plays against the SRTRC team at Tynecastle on 17 October 2008.

Supported by: Michael McMahon, Bill Kidd, Jamie McGrigor, Brian Adam, Bob Doris, Bashir Ahmad, Jackson Carlaw, Alex Neil, Hugh Henry, Kenneth Gibson, Patrick Harvie, John Park, Roseanna Cunningham, Bill Wilson, Stuart McMillan, Marlyn Glen, Ken Macintosh, Dr Richard Simpson, Pauline McNeill, Sarah Boyack, Joe FitzPatrick, Cathie Craigie, Liam McArthur, Malcolm Chisholm, Jackie Baillie, Shirley-Anne Somerville, Mary Mulligan, Elaine Smith, Jamie Hepburn, Angela Constance, Trish Godman, Mr Frank McAveety, James Kelly, Nanette Milne, Hugh O’Donnell, Cathy Peattie, Robin Harper, Charlie Gordon, Gil Paterson, Irene Oldfather, Tom McCabe, Jack McConnell, David Stewart, Rhoda Grant

S3M-2687# Elaine Murray: Save Scottish Sharks—That the Parliament notes that 11 to 19 October 2008 is European Shark Week; is concerned at the dramatic decline in European shark numbers; is further concerned that most Scottish shark species are classed as critically endangered but that none is currently afforded any protection; regrets the Scottish Government’s refusal to offer the tope the same protection as it has in England, resulting in the landing of tope being legal on the Scottish side of the Solway but not on the English side; looks forward to the publication of the Scottish Government Marine Directorate’s policy on sharks, and considers that action to protect these endangered species is urgently required.

Supported by: Ken Macintosh, Kenneth Gibson, Robin Harper, Trish Godman, David Stewart, Hugh Henry, Paul Martin, Joe FitzPatrick, Mike Pringle, Marlyn Glen, Karen Gillon, Mary Mulligan, Rhona Brankin, Patrick Harvie, Dr Richard Simpson, John Scott, Jamie McGrigor, Cathy Peattie

S3M-2684# Dave Thompson: Welcoming the Launch of Community Energy Scotland— That the Parliament welcomes the launch of Community Energy Scotland, the new Highland- based Scottish charity that has taken over the work of the Highlands and Islands Community Energy Company to support communities throughout Scotland to develop sustainable energy projects; commends the organisation’s aim to build confidence, resilience and wealth at community level in Scotland through sustainable energy development, and further commends its leadership role in the growing grass-roots movement dedicated to reinforcing local control and decision-making within the community sector through sustainable energy development and the contribution that this will make to achieving Scotland’s ambitious climate change targets.

Supported by: Alex Neil, Roseanna Cunningham, John Wilson, Alasdair Allan, Jamie Hepburn, Brian Adam, Bill Kidd, Kenneth Gibson, Shirley-Anne Somerville, Robin Harper, Rob Gibson, Patrick Harvie, Jim Tolson, Joe FitzPatrick, Angela Constance, Keith Brown, Liam McArthur, Stuart McMillan, Christina McKelvie, Bill Wilson, Gil Paterson, Nanette Milne, Michael Matheson, Bob Doris, Sandra White, Mary Scanlon, Willie Coffey

S3M-2673# Bob Doris: Scottish Asian Action Committee’s 25th Anniversary—That the Parliament congratulates the Scottish Asian Action Committee (SAAC) on its 25th anniversary celebrations, having been founded in 1983 as a broad-based secular organisation providing a community development, campaigning and advice information service for ethnic minority communities in Scotland, originally made up of groups representing Pakistani, Indian,

Kashmiri, Bengali and Bangladeshi communities, and notes that SAAC was a catalyst for activities such as the Glasgow Mela and the annual day of action against racism and was recently honoured with an Outstanding Achievement Award at the Scottish BME Achievement Awards, acknowledging its work in community development and anti-racism initiatives as well as its welfare rights and immigration advice services.

Supported by: Jamie Hepburn, Michael Matheson, Roseanna Cunningham, Alasdair Allan, Robert Brown, Joe FitzPatrick, Elaine Smith, Bill Kidd, Sandra White, Robin Harper, Bill Wilson, Ken Macintosh, Alex Neil, Patrick Harvie, Aileen Campbell, Brian Adam, Hugh O’Donnell, Stuart McMillan, Gil Paterson, Cathy Peattie

S3M-2665# Des McNulty: Eco-Congregation Scotland Programme—That the Parliament recognises the important role played by churches and other faith groups in Scotland in raising awareness of environmental issues and in particular climate change; congratulates the Eco- Congregation Scotland programme on achieving its 200th registration; notes the rapid growth of the programme across Scotland from its inception less than a decade ago to become the largest network of community environment groups in Scotland and its spread to include congregations from nine denominations, including the congregation of the Abbotsford Parish Church in Clydebank, and welcomes the new commitment that the programme is making to help congregations and communities understand the impact of climate change here and in the developing world, respond appropriately to the challenge climate change presents and take collective and personal responsibility for reducing their carbon emissions.

Supported by: Brian Adam, Hugh O’Donnell, Bill Kidd, James Kelly, Ms Wendy Alexander, Nanette Milne, Hugh Henry, Dr Richard Simpson, Bill Butler, Robin Harper, Sarah Boyack, Trish Godman, Mary Mulligan, Jackie Baillie, Elaine Murray, John Park, Alison McInnes, Helen Eadie, Kenneth Gibson, David Whitton, Karen Whitefield, Angela Constance, Karen Gillon, Ken Macintosh, Jamie Hepburn, Cathy Peattie, Gil Paterson, David Stewart, Malcolm Chisholm, Keith Brown, Shirley-Anne Somerville, Jeremy Purvis, Mike Rumbles, Irene Oldfather, Bob Doris, Robert Brown, Liam McArthur, George Foulkes, Rhona Brankin, Patrick Harvie, Stuart McMillan, Margaret Mitchell, Dave Thompson, Tom McCabe, Margaret Smith, Gavin Brown, Derek Brownlee

S3M-2660# Sandra White: Growing Old Together - Older People and Debt—That the Parliament notes the publication of Growing Old Together - Older People and Debt by Citizens Advice Scotland; is concerned that the average debt level for older people seeking advice from their local citizens advice bureau is £17,767, a 25% increase since 2003; further notes the finding that levels of debt increased as levels of income decreased, with clients in the survey who had a net income of less than £6,000 having debt levels on average 42% higher than those with an income higher than £10,000; recognises the excellent work of citizens advice bureaux in Glasgow and across Scotland in advising older debt clients; supports the need for early and effective benefits take up and debt advice to be available for all older people, and considers that measures to deal with debt, such as debt arrangement schemes and the low income low asset regulations, should be accessible and beneficial for older clients.

Supported by: Bashir Ahmad, Joe FitzPatrick, Kenneth Gibson, Roseanna Cunningham, Angela Constance, Robin Harper, Bill Kidd, Christine Grahame, Pauline McNeill, Hugh O’Donnell, Bill Wilson, Alex Neil, Jamie Hepburn, Alasdair Allan, Christopher Harvie, Michael Matheson, Mary Scanlon, Stuart McMillan, Ken Macintosh, Nigel Don, Karen Whitefield, Liam McArthur, John Lamont, Christina McKelvie, Gil Paterson, Dave Thompson, Marlyn Glen, Bob Doris, Patrick Harvie, Jackie Baillie, Robert Brown, Patricia Ferguson, Cathy Peattie

S3M-2653# Cathy Peattie: Fare Deal—That the Parliament congratulates the 12 charities which, on UK Older People’s Day, 1 October 2008, launched a Fare Deal campaign for the concessionary travel scheme to be extended to cover special transport schemes used by elderly and disabled people, such as Dial-a-Journey in Forth Valley; considers that thousands of people who have or are entitled to a free bus pass are missing out because they cannot

use regular scheduled services, and believes that an extension to the national concessionary travel scheme to include demand-responsive community transport should be considered.

Supported by: Kenneth Gibson, Bill Butler, Patrick Harvie, Marlyn Glen, Paul Martin, Mary Mulligan, Robin Harper, John Park, Elaine Murray, Charlie Gordon, Hugh O’Donnell, Sandra White, Jackie Baillie, Des McNulty, Dr Richard Simpson, Alex Neil, Karen Whitefield, Trish Godman, Ken Macintosh, Cathy Jamieson, Helen Eadie, Mr Frank McAveety, Jack McConnell, Marilyn Livingstone, Hugh Henry, George Foulkes, Peter Peacock, Sarah Boyack, David Stewart, Alison McInnes, Jim Tolson, Margo MacDonald, Jim Hume, Robert Brown, Liam McArthur, Malcolm Chisholm, Dave Thompson

S3M-2502# Murdo Fraser: Bannockburn Battlefield—That the Parliament observes the importance of the Battle of Bannockburn in Scottish history, where Robert the Bruce led a significant Scottish victory against the English in the Wars of Scottish Independence in June 1314; believes that Scotland’s historic battlefields are important to Scottish history and that the sites must be protected as a memorial to the men who fought and died in the battles as well as allowing future generations to visit the sites and learn more about Scotland’s past; notes the concerns of the National Trust for Scotland that the Bannockburn battlefield may fail to qualify for Historic Scotland’s planned inventory of battlefields as too much housing has already been allowed on and around the historic site, and considers that the battlefield site has already been subject to enough development and that it now requires protection to stop any future development.

Supported by: Cathy Peattie, Bill Aitken, Jamie McGrigor, John Lamont, Bill Kidd, Robin Harper, Kenneth Gibson, Mary Scanlon, Bashir Ahmad, Elizabeth Smith, Nanette Milne, Jamie Hepburn, John Wilson, Jackson Carlaw, Dr Richard Simpson, Angela Constance, Hugh O’Donnell, Christine Grahame, Joe FitzPatrick, Dave Thompson, Gil Paterson, John Scott

Record of Members’ Business Taken by the Parliament from 6 June 2007

Date MSP Party Subject 06.06.07 Roseanna Cunningham SNP Rescue from Moving Water 07.06.07 Des McNulty LAB Alimta for Mesothelioma Sufferers 13.06.07 Karen Whitefield LAB Education is a Human Right 14.06.07 Rob Gibson SNP Scottish Norwegian Commercial Co- operation 20.06.07 Margaret Mitchell CON Motor Neurone Disease 21.06.07 Jim Hume LD Local Food 27.06.07 Andrew Welsh SNP Tartan Day Celebrations 28.06.07 David Stewart LAB National Diabetes Week 05.09.07 Sandra White SNP Asylum Seekers in Scotland 06.09.07 Trish Godman LAB Maintenance of Common Land on Scottish Housing Estates 12.09.07 Sarah Boyack LAB Save the Land Reform Act and Restore the Will of Parliament 13.09.07 Brian Adam SNP MacMillan Cancer Support’s Recovered but not Covered Campaign 19.09.07 Murdo Fraser CON Beauly Denny Public Inquiry 20.09.07 Patricia Ferguson LAB ICL Factory Explosion – Call For Public Inquiry 26.09.07 Mike Rumbles LD Aberdeen Western Peripheral Route 2709.07 Kenneth Gibson SNP Warm Zones 03.10.07 Cathie Craigie LAB NDCS Change Your World Consultation 04.10.07 Bob Doris SNP Glasgow Milton and Chirnsyde

Community Initiative 24.10.07 Christine Grahame SNP Can't Afford to Foster 25.10.07 Michael McMahon LAB Public-Social Partnership Pilot in North Lanarkshire 31.10.07 Elaine Murray LAB Further Job Losses at Young’s Seafood, Annan 01.11.07 Tavish Scott LD Crown Estate Taxation on Harbour Developments 07.11.07 Stuart McMillan SNP House of Lords Ruling on Pleural Plaques 08.11.07 Nanette Milne CON Autism Parliamentary Network 14.11.07 Paul Martin LAB Car Parking Charges at Stobhill Hospital 15.11.07 Bill Wilson SNP Perceived Norms of Alcohol and Tobacco Consumption - Pilot Studies in Scottish Educational Institutions 21.11.07 Bill Kidd SNP Recycling Waste Wood 22.11.07 Mary Scanlon CON Bog Myrtle (Sweet Gale) Industry 28.11.07 Des McNulty LAB Science and the Parliament, Wednesday 28 November 2007 29.11.07 Cathy Jamieson LAB Coalfields Regeneration Trust in Scotland 5.12.07 Christine Grahame SNP Lancastria 6.12.07 Robert Brown LD 100 Years of Scouting 12.12.07 Liam McArthur LD Air Ambulance Service in Orkney 13.12.07 Bashir Ahmad SNP Standing United with Glasgow's Pakistani Community 19.12.07 John Lamont CON Support for Border News 20.12.07 Bill Butler LAB Support Project Scotland 9.01.08 Keith Brown SNP Government Powers to Ensure Terrestrial Broadcast of Sport 10.01.08 Des McNulty LAB The St Margaret of Scotland Hospice 16.01.08 Cathy Peattie LAB Young People in the Workplace 17.01.08 Roseanna Cunnigham SNP Defence Aviation and Repair Agency Almondbank - No To Privatisation 23.01.08 Patrick Harvie GRN Scottish Campuses Can Go Greener 24.01.08 George Foulkes LAB Time for Fresh Debate on Organ Donation 30.01.08 Margo MacDonald IND Maximising Migrants' Opportunities 31.01.08 Elizabeth Smith CON Extra-curricular Outdoor Education for Every School Pupil 06.02.08 Rob Gibson SNP Congratulations to the Fifth Annual Scots Trad Music Awards 07.02.08 Margaret Smith LD Edinburgh Park Railway Station 20.02.08 Marilyn Livingstone LAB Supporters Direct in Scotland 21.02.08 Jamie Hepburn SNP Central Scotland Rail Improvements 27.02.08 John Scott CON Recreational Sea Angling 28.02.08 Cathy Jamieson LAB Proposed Closure of Rural Schools 05.03.08 Trish Godman LAB Scottish Wheelchair Users and their Human Rights 06.03.08 Kenneth Gibson SNP Anorexia and Bulimia 12.03.08 David Thompson SNP Make Scotland's Roads Safer - Reduce the Drinking Limits 13.03.08 Aileen Campbell SNP No End in Sight to the War in Iraq 19.03.08 Patricia Feruson LAB Celebrating Fairtrade Fortnight

20.03.08 Gil Paterson SNP Council of Europe Convention on Action Against Trafficking in Human Beings 26.03.08 Jeremy Purvis LD Choices for People Coming to the End of Terminal Illness 27.03.08 Mary Scanlon CON Elgin Bypass 16.04.08 Hugh O’Donnell LD A Call for Better Epilepsy Care 17.04.08 Bill Butler LAB Strathclyde Partnership for Transport Report on Glasgow Crossrail

23.04.08 Mary Mulligan LAB Yes to Bathgate Business Improvement District 24.04.08 Tricia Marwick SNP Leven to Thornton Rail Link 30.04.08 Willie Coffey SNP Fenwick Weavers' Society and the Co-operative Model 01.05.08 Elaine Smith LAB Remember the Dead, Fight for the Living 07.05.08 Nanette Milne CON Alternative and Augmentative Communication 08.05.08 Alison McInnes LD RNIB Scotland's Right to Read Campaign 14.05.08 Christopher Harvie SNP Supermarket Dominance in Scottish Retailing 15.05.08 John Park LAB Upper Forth Crossing 21.05.08 David Stewart LAB Increasing Access to Insulin Pumps 22.05.08 Ian McKee SNP National Association of Youth Orchestras 28.05.08 Alasdair Allan SNP Fuel Costs 29.05.08 Angela Constance SNP No Recourse No Safety 04.06.08 Bill Butler LAB 60th Anniversary of the National Health Service 05.06.08 Jackson Carlaw CON Holocaust Education in Scotland 11.06.08 Jim Hume LD Tackling Excess Packaging 12.06.08 Lewis Macdonald LAB Best Value Audit of Aberdeen City Council 18.06.08 Claire Baker LAB A Tenancy Deposit Protection Scheme for Scotland 19.06.08 Sandra White SNP Glasgow Passport Office 25.06.08 Karen Whitefield LAB Sweet 16?: The Age of Leaving Care in Scotland 26.06.08 John Park LAB Rosyth to Zeebrugge Ferry Service 03.09.08 Ted Brocklebank CON Upgrading of the A92 04.09.08 Iain Smith LD Enforcement of Planning Legislation 10.09.08 Brian Adam SNP Shortage of Indian Chefs in Aberdeen 11.09.08 Nigel Don SNP Family Law Disputes 17.09.08 Jack McConnell LAB 2014: A Year of Sport for Scotland 18.09.08 Michael Matheson SNP Cancer Poverty 24.09.08 Keith Brown SNP Support for Veterans in Scotland 25.09.08 Murdo Fraser CON Action to Protect the Red Squirrel 01.10.08 Trish Godman LAB Action on Thrombosis 02.10.08 Jim Tolson LD Alloa to Fife and Edinburgh Rail Link 08.10.08 Christopher Harvie SNP The Kingdom of Fife and Fife in the World - A Platform of Partnership 09.10.08 Michael McMahon LAB Living and Dying with Advanced Heart Failure

29.10.08 Elaine Murray LAB Success of First Year of Co-Operative Development Scotland 30.10.08 Kenneth Gibson SNP Become Lupus Aware 5.11.08 Jeremy Purvis LD Digital Switchover 6.11.08 Nanette Milne CON Community Service Volunteers (CSV) 12.11.08 Dave Thompson SNP Welcoming the Launch of Community Energy Scotland 13.11.08 Wendy Alexander LAB Paisley Festival Company/Voices in Paisley 2008 19.11.08 James Kelly LAB Parkinson's Disease Society - Get it on Time Campaign 20.11.08 Alasdair Allan SNP Gaelic Language Development 26.11.08 Stuart McMillan SNP Sailing and Boating Continues to Expand and Contribute to the Scottish Economy 27.11.08 Marlyn Glen LAb World AIDS Day 2008 03.12.08 Gavin Brown CON South Edinburgh Suburban Railway 04.12.08 Alison McInnes LD Safe Drivers are Made, No Born 10.12.08 Jamie Hepburn SNP 60th Anniversary of the Universal Declaration of Human Rights 11.12.08 Patrick Harvie GRN Communities Leading on Climate Change 17.12.08 Des McNulty LAB Eco-Congregation Scotland Programme 18.12.08 Pauline McNeil LAB Dignity for Palestinians

Record of Members’ Business Taken by the Parliament in Session 3

Party SNP LAB CON LD GRN IND TOTAL

Frequency (no.) 38 39 14 14 2 1 108 Frequency % 35.2 36.1 13 13 1.8 0.9 100

BUSINESS MOTION

Wednesday 7 January 2009

2.30 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Scottish Government Debate: National Qualifications followed by Business Motion followed by Parliamentary Bureau Motions

5.00 pm Decision Time followed by Members’ Business

Thursday 8 January 2009

9.15 am Parliamentary Bureau Motions followed by Scottish Government Debate: Protecting Scotland’s Communities – the Scottish Government’s Offender Management Plan

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time Europe, External Affairs and the Environment; Education and Lifelong Learning

2.55 pm Scottish Government Debate: Homecoming and its Potential to Support Sustainable Economic Growth followed by Parliamentary Bureau Motions

5.00 pm Decision Time followed by Members’ Business

Wednesday 14 January 2009

2.30 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Stage 1 Debate: Budget (Scotland) (No.2) Bill followed by Business Motion followed by Parliamentary Bureau Motions

5.00 pm Decision Time followed by Members’ Business

Thursday 15 January 2009

9.15 am Parliamentary Bureau Motions

followed by Scottish Government Business

11.40 am General Question Time

12 noon First Minister’s Question Time

2.15 pm Themed Question Time Health and Wellbeing

2.55 pm Scottish Government Business followed by Parliamentary Bureau Motions

5.00 pm Decision Time followed by Members’ Business

BUSINESS MOTION That the Parliament agrees the following revision to the programme of business for Thursday 18 December 2008— after

5.00 pm Decision Time delete followed by Members’ Business and after

12 noon First Minister’s Question Time insert followed by Members’ Business

BUSINESS MOTION

That the Parliament agrees that Rule 5.6.1(c) of Standing Orders be suspended for the purposes of Members’ Business on Thursday 18 December 2008

BUSINESS FOR WEEK COMMENCING 15 DECEMBER

DAY MORNING AFTERNOON Monday 15 Constituency Constituency Tuesday 16 0930-1230 Committees 1430-1700 Committees Wednesday 1430 Time for Reflection 17 Followed by Parliamentary Bureau Motions (if required)

1435-1700 Finance Committee debate: Budget Process 2009/2010

Followed by Business Motion

Followed by Parliamentary Bureau Motions (if required)

1700 Decision Time followed by Members’ Business (Lab) S3M-02665 Des McNulty Eco-Congregation Scotland Programme

Thursday 18 0915 Parliamentary Bureau 1415-1455 Themed Question Time Motions (if required) [Finance and Sustainable Growth]

0915-1140 Scottish 1455-1700 Scottish Government Government Debate: Drink Debate: Organ Donation Taskforce Driving Followed by Parliamentary Bureau 1140 – 1200 General Motions (if required) Question Time 1700 Decision Time 1200 - 1230 First Minister’s Question Time

1230 – 1315 Members’ Business (Lab) S3M-02878 Pauline McNeill: Dignity for Palestinians

Friday 19 Constituency Constituency

BUREAU - BUSINESS FOR WEEK COMMENCING 05 JANUARY 2009

DAY MORNING AFTERNOON Monday 05 Constituency 1430-1700 Constituency Tuesday 06 0930-1230 Committees 1430-1700 Committees Wednesday 1430 Time for Reflection 07 Followed by Parliamentary Bureau Motions (if required)

1435-1700 Scottish Government Debate: National Qualifications

Followed by Business Motion

Followed by Parliamentary Bureau Motions (if required)

1700 Decision Time followed by Members’ Business (SNP) S3M-03038 Sandra White: Devastating Cuts At The Herald and Evening Times

Thursday 08 0915 Parliamentary Bureau 1415-1455 Themed Question Time Motions (if required) [Europe, External Affairs and Culture; & Education and Lifelong Learning] 0915-1140 Scottish Government Debate: 1455-1700 Scottish Government Protecting Scotland’s Debate: Homecoming and its Potential Communities – the Scottish to Support Sustainable Economic Government’s Offender Growth Management Plan Followed by Parliamentary Bureau 1140 – 1200 General Motions (if required) Question Time 1700 Decision Time followed by 1200 - 1230 First Minister’s Members’ Business (Lab) Question Time

Friday 09 Constituency Constituency

BUREAU - BUSINESS FOR WEEK COMMENCING 12 JANUARY 2009

DAY MORNING AFTERNOON Monday 12 Constituency 1430-1700 Constituency Tuesday 13 0930-1230 Committees 1430-1700 Committees Wednesday 1430 Time for Reflection 14 Followed by Parliamentary Bureau Motions (if required)

1435-1700 Stage One Budget (Scotland) Bill

Followed by Business Motion

Followed by Parliamentary Bureau Motions (if required)

1700 Decision Time followed by Members’ Business (SNP)

Thursday 15 0915 Parliamentary Bureau 1415-1455 Themed Question Time Motions (if required) [Health and Wellbeing]

0915-1140 Scottish 1455-1700 Scottish Government Government Business Business

1140 – 1200 General Followed by Parliamentary Bureau Question Time Motions (if required)

1200 - 1230 First Minister’s 1700 Decision Time followed by Question Time Members’ Business (Lab)

Friday 16 Constituency Constituency

RESTRICTED – POLICY PB/S3/08/147

PARLIAMENTARY BUREAU

LEGISLATIVE CONSENT MEMORANDUM ON THE LOCAL DEMOCRACY, ECONOMIC DEVELOPMENT AND CONSTRUCTION BILL

1. The attached Legislative Consent Memorandum on the Local Democracy, Economic Development and Construction Bill was lodged on 10 December. As part of the procedure, it is for the Bureau to formally refer memoranda to the appropriate lead committee.

2. It is recommended that it be referred to the Local Government and Communities Committee for consideration.

Parliamentary Business Team December 2008

LEGISLATIVE CONSENT MEMORANDUM

Local Democracy, Economic Development and Construction Bill

Draft Legislative Consent Motion

1. The draft motion, which will be lodged by the Cabinet Secretary for Finance and Sustainable Growth, is:

“That the Parliament agrees that the relevant provisions in the Local Democracy, Economic Development and Construction Bill, which repeal Sections 14-20 of the Political Parties, Elections and Referendums Act 2000 and those which amend the construction contracts legislation in Part 2 of the Housing Grants, Construction and Regeneration Act 1996 introduced in the House of Lords on 4 December 2008, should, insofar as they relate to matters within the legislative competence of the Scottish Parliament or alter the executive competence of the Scottish Ministers, be considered by the UK Parliament.”

Background

2. This Memorandum has been lodged by John Swinney, Cabinet Secretary for Finance and Sustainable Growth, under Rule 9B.3.1a of the Parliament's standing orders. The Local Democracy, Economic Development and Construction Bill is to be introduced at Westminster on 4 December 2008. The Bill can be found at http://services.parliament.uk/bills/2008- 09/localdemocracyeconomicdevelopmentandconstruction.html

Local Democracy, Economic Development and Construction Bill

3. The Local Democracy, Economic Development and Construction Bill (the Bill) covers a wide range of issues that are devolved to the Scottish Parliament and so its main provisions are only relevant to England and Wales. Its purpose is to create greater opportunities for community and individual empowerment, strengthen local democracy, reform local and regional governance arrangements to promote economic regeneration.

4. The Bill also contains a number of miscellaneous provisions, including: ƒ the repeal of sections of the Political Parties, Elections and Referendums Act 2000 (PPERA) relating to the establishment of Boundary Committees for each country in the UK; and ƒ measures to improve the operation of construction contracts regulated by Part 2 of the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act).

5. The Bill provisions making amendments to the PPERA and the Construction Act are for devolved purposes and it is those provisions that require the Scottish Parliament's consent to a Legislative Consent Memorandum.

6. The purpose of this Memorandum is to outline the terms of the provisions in the Bill that are subject to the consent of the Scottish Parliament, by virtue of the Sewel Convention, because they apply to Scotland and are for devolved purposes.

2

Political Parties, Elections and Referendums Act 2000 (PPERA)

7. The Bill seeks to ƒ repeal sections of the Political Parties, Elections and Referendums Act 2000 relating to the establishment of Boundary Committees for each country in the UK within the Electoral Commission; and ƒ to transfer the functions of the four Parliamentary Boundary Commissions for Scotland, England, Wales and Northern Ireland, together with those of the Local Government Commission for England and the Local Government Boundary Commissions for Scotland and Wales to the newly established Boundary Committees.

8. The Scottish Parliament passed a Sewel Motion in 2000 (attached at Annex A) that endorsed the principle of providing the Scottish Ministers with enabling powers, (subject to the control of the Scottish Parliament) which allowed for the future option of transferring any of the functions of the Local Government Boundary Commission for Scotland to the Electoral Commission. This has been commenced, as regards the power to make regulations.

9. To date, only responsibility for local authority administrative and electoral boundaries in England has been transferred to the Electoral Commission. Under PPERA Scottish Ministers have the power to transfer responsibility for local government boundaries from the Local Government Boundary Commission for Scotland to the Electoral Commission. However, these powers have never been used because of the obvious tension between them and the general principles of devolution, since the outcome would be to transfer powers from a body answerable to the Scottish Government to a body answerable to the UK Government.

Construction Contracts Legislation

10. The Bill provisions will make amendments to the Construction Act. The Construction Act contains a regime which makes provision for the adjudication of disputes arising out of construction contracts and as such it modifies the application of Scots private law of obligations in the area of construction contracts. That is not a matter which it is considered attracts any of the reservations contained in Schedule 5 to the Scotland Act 1998. The provisions of the Bill will further modify the application of Scots private law of obligations in the area of construction contracts and accordingly are considered to be within the legislative competence of the Scottish Parliament.

11. The Construction Act was designed to provide the construction sector (dominated by Small and Medium Enterprises) with effective and fair payment practices (to ensure prompt cash flow) and in the event of dispute, access to a quick and relatively inexpensive adjudication process.

12. However, a Government Review of the Construction Act was set up due to concerns that were raised by the construction industry about unreasonable delays in payment. This Review, led by Sir Michael Latham, reported in September 2004 that although the Construction Act was generally working well some improvements would be helpful.

Provisions in the Bill for which Consent is sought

13. The Bill seeks to repeal sections 14-20 of the PPERA.

3

ƒ The power that Scottish Ministers hold to transfer boundary making powers has not been used and the repeal of sections 14-20 of PPERA would be in line with the principles of devolution, ensuring that Scottish local government boundaries are set in legislation by Scottish Ministers and that reviews would continue to be carried out by the Local Government Boundary Commission for Scotland.

ƒ The repeal of these sections would have no impact on current boundary making responsibilities for local government in Scotland.

14. In relation to construction contracts, there are six separate proposals.

ƒ Extend the Construction Act to oral construction contracts and to those that are partly oral and partly in writing.

ƒ Make provision for the costs of an adjudication. For instance, relevant amendments will ensure that any agreement by the parties that one party is to pay all or part of the costs of an adjudication is only valid if made after the giving of the notice of intention to refer a dispute to adjudication.

ƒ Make provision for a ‘slip rule’ in respect of an adjudicator's decision, i.e. putting on a clear, statutory footing an adjudicator's ability to amend an obvious error in their decision.

ƒ Amend the current payment framework by: ¾ clarifying the existing requirement to serve a payment notice (a notice determinative of the amount due); ¾ removing restrictions on who can serve a payment notice, (e.g. allowing a third party or a payee to issue such a notice as currently all such notices must be issued by the payer); ¾ clarify the process to ensure that payment is not conditional on work carried out in another contract or upon someone’s decision as to whether work has been carried out in another contract.

ƒ Limit the effect of the House of Lords' decision in Melville Dundas (in receivership) v George Wimpey UK Limited as regards the circumstances in which a notice of the payer's intention to withhold a payment is not necessary.

ƒ Improve the provisions relating to the right of a party to whom payment is due, to suspend performance of his obligations under a construction contract.

15. The provisions will: ƒ improve transparency and clarity in the exchange of information relating to payments to enable the better management of cash flow;

ƒ encourage the parties to resolve disputes by adjudication, where it is appropriate, rather than by resorting to more costly and time consuming solutions such as litigation; and

ƒ improve the right to suspend performance under the contract.

4

16. Additionally it is proposed to give Scottish Ministers the power to, by order, commence the construction contracts provisions in relation to Scotland and consent is also sought for this conferral of functions.

17. To support the amendments to the Construction Act further changes to the Scheme for Construction Contracts (Scotland) Regulations 1998 and the Scheme for Construction Contracts (England and Wales) Regulations 1998 will be progressed.

Construction Contracts Legislation Consultations

Previous Consultations

18. In 2003 the Scottish Government undertook a review that was confined to the adjudication provisions that identified two modest amendments to the legislation.

19. However, in his 2004 Budget Statement, the Chancellor announced a review of the legislation that went wider than adjudication. To ensure that wherever possible arrangements north and south of the border remained consistent for the industry, the Scottish Government decided to await the outcome of the consultation issued in March 2005 by the Department of Trade and Industry (now Business Enterprise and Regulatory Reform (BERR)) and the Welsh Assembly Government (WA), to decide if other changes identified by BERR would have relevance for Scotland.

20. In January 2006 BERR issued a consultation analysis which set out the proposed way forward and from this, they developed detailed proposals.

Consultations in 2007

21. Building on the first consultation BERR/WA then undertook a second round of consultation from 20 June to 17 September 2007 that focused on the specific amendments identified as a result of their conclusions from their consultation in 2005.

22. BERR/WA received 71 responses to this consultation with three of these from Scottish businesses. The majority of respondents replied to the specific question regarding consistency of legislation across Scotland, England and Wales and those that did reply were unanimous in their support. The construction industry is diverse and sectoral agendas do not always coincide but generally the proposals were broadly supported, although views on specific proposals can vary depending on the respondents’ contractual role and industry sector that they represent.

23. To ensure full consultation with the Scottish Construction Industry the Scottish Government issued a further consultation document from 29 August to 24 October 2007 that replicated the proposals in BERR/WA’s consultation.

24. There were 13 responses to the Scottish Government consultation, with seven being copies of the response sent to BERR. The six that responded purely to the Scottish Government consultation expressed similar views to those received by BERR and broadly support the proposals. Again, views received were reflective of the respondents contractual role and industry sector that they represent.

5

25. An analysis report of the responses to the consultation document can be made available to the Parliament during its consideration of this Legislative Consent Memorandum.

Draft Construction Contracts Bill

26. Draft clauses to amend the Construction Act were developed from the formal consultations in England, Wales and Scotland as well as formal and informal discussions with construction industry stakeholders. The draft clauses were published as a draft Bill on 21 July 2008 for technical scrutiny by industry stakeholders. The Scottish Government were included in this pre-legislative scrutiny with the draft clauses extended to include Scotland.

27. Comments on how effectively the drafting of the clauses achieved its purpose were sought by 12 September 2008 and 48 responses have been received.

28. Although many of the comments received welcomed and supported much of the change the draft clauses sought to introduce, it was noted that in some areas the drafting was unclear. Those areas of concern highlighted by the comments have been reviewed and redrafted as appropriate to ensure that the resulting legislation will be effective in achieving its purpose.

Financial Implications

29. The Bill, including specifically the proposed provisions subject to the Legislative Consent Motion, is expected to have neutral or marginal cost implications in Scotland.

Advantages of using this Bill

30. The amendments to the PPERA are in line with the principles of devolution and will remove powers that have never been used by Scottish Ministers, or by any of the other devolved administrations.

31. Any divergence between the construction law in Scotland and in England and Wales, as well as in the timing of the introduction of the amendments, would not be desirable as stakeholders have expressed a strong desire that arrangements north and south of the border remain consistent for the industry, wherever possible.

32. A Legislative Consent Memorandum avoids any potential presentational and handling issues that could arise if introduced in a dedicated Scottish Bill, allows a parallel timetable for delivery and ensures that the legislation is consistent across Scotland, England and Wales for the benefit of the Scottish construction industry.

6

ANNEX A

SEWEL MOTION PASSED BY THE SCOTTISH PARLIAMENT ON 9 MARCH 2000 FOR THE SCOTTISH PARLIAMENT POLITICAL PARTIES, ELECTIONS AND REFERENDUMS BILL

That the Parliament endorses the principle of providing the Scottish Ministers with enabling powers (subject to the control of the Scottish Parliament) which will allow for the future option of – transferring any of the functions of the Local Government Boundary Commission for Scotland to the Electoral Commission; conferring on the Electoral Commission the function of monitoring compliance with any enactments relating to candidates' expenses at Scottish local government elections; allowing the Electoral Commission to provide advice and assistance to returning officers at Scottish local government elections; and allowing the Electoral Commission to promote public awareness of systems of local government and electoral systems in Scotland; also endorses the principle of amending section 75 of the Representation of the People Act 1983 to increase the limit on election expenses incurred by persons other than candidates, election agents or persons authorised by them to £50 plus 0.5p per elector for Scottish local government elections and agrees that provisions to these ends should be considered by the United Kingdom Parliament as part of the Political Parties, Elections and Referendums Bill.

7 RESTRICTED – POLICY PB/S3/08/148

PARLIAMENTARY BUREAU

LEGISLATIVE CONSENT MEMORANDUM ON THE MARINE AND COASTAL ACCESS BILL

1. The attached Legislative Consent Memorandum on the Marine and Coastal Access Bill was lodged on 15 December 2008. As part of the procedure, it is for the Bureau to formally refer memoranda to the appropriate lead committee.

2. It is recommended that it be referred to the Rural Affairs and Environment Committee for consideration.

Parliamentary Business Team December 2008

LEGISLATIVE CONSENT MEMORANDUM

UK MARINE AND COASTAL ACCESS BILL

Legislative Consent Motion

1. The motion, which will be lodged by the Cabinet Secretary for Rural Affairs and the Environment, is:

‘That the Parliament agrees that the relevant provisions of the UK Marine and Coastal Access Bill introduced in the House of Lords on 4 December 2008, relating to the marine policy statement, marine planning, marine licensing, marine conservation zones and enforcement powers, so far as these matters fall within the legislative competence of the Scottish Parliament, or alter the executive competence of the Scottish Ministers, should be considered by the UK Parliament.’

Background

2. This memorandum has been lodged by Richard Lochhead MSP, Cabinet Secretary for Rural Affairs and the Environment, under rule 9B.3.1(a) of the Parliament’s standing orders. The UK Marine and Coastal Access Bill was introduced in the House of Lords on 4 December 2008. The Bill can be found at: http://www.publications.parliament.uk/pa/ld200809/ldbills/001/2009001.pdf

3. The main purpose of the UK Marine and Coastal Access Bill is to ensure sustainable economic development of the marine environment. The key elements of the Bill are:

• To make provision for the development of a UK Marine Policy Statement which will detail the high level objectives for the marine environment and how it should be managed in order to enable sustainable development in the UK marine areas.

• To apply the policy through a marine planning system which will allow a strategic approach to managing activities in the marine environment to ensure sustainable development in the UK marine area.

• To create a Marine Management Organisation to deliver the marine functions in the waters around England and reserved or non-devolved functions in UK offshore waters.

• To simplify the marine licensing system to allow as far as possible a one stop shop for all licensing and more effective decision making.

• To designate marine conservation zones for the protection of important habitats and species taking into account environmental, social and economic criteria.

• To strengthen the management of marine fisheries in England through the creation of Inshore Fisheries and Conservation Authorities.

2

• To modernise powers for the licensing and management of migratory and freshwater fisheries in England and Wales and allow for the introduction of a scheme to manage live fish movement.

• To streamline the enforcement powers so that there will be a single set of common enforcement powers covering fisheries, (other than in the Scottish zone) nature conservation and licensing.

• To introduce a marine enforcement regime through a civil sanctions scheme for licensing and nature conservation offences and an administrative penalty scheme for domestic fisheries offences.

• To secure a long distance route accessible to the public around the coast of England and Wales.

4. The Scottish Ministers propose to introduce a Scottish Marine Bill for marine planning, licensing of marine activities, marine conservation, historic heritage, monitoring and enforcement within Scotland’s territorial limits of 12nm. The Scottish Ministers acknowledge the desirability to deliver a joined up system of activities within the marine environment in the UK marine area and seek to agree mechanisms which respect constitutional difference but deliver an effective management system. Scottish Ministers have also been seeking greater devolution of marine planning and nature conservation responsibilities in the waters around Scotland.

Provisions which relate to Scotland

5. The UK Marine and Coastal Access Bill will apply across the United Kingdom in line with the current devolution settlement but not all provisions will apply to Scotland. The UK Bill will legislate for the waters around England and for the UK offshore area from 12nm to 200nm. The following paragraphs detail the elements of the UK Marine and Coastal Access Bill in relation to which consent is being sought from the Scottish Parliament. This includes provisions relating to the role of the Scottish Ministers in consenting to the UK Marine Policy Statement and to the executive devolution of certain activities within the Scottish offshore zone of 12nm to 200nm.

UK Marine Policy Statement

6. Part 3 of the Bill refers to the Marine Policy Statement and marine planning. A Marine Policy Statement (MPS) will be created for the whole of the UK marine area. It will include a framework of high level objectives for the marine environment, and how it should be managed, in order to enable sustainable economic development to progress, within environmental limits.

7. The MPS will guide the marine planning which will influence marine licensing which in turn will be influenced by marine conservation.

8. Schedule 5 to the Bill details the procedures for developing, consulting on and agreeing the MPS. The Scottish Ministers will take part in this process of developing and agreeing the MPS and it is anticipated that it could take around two years to complete. If Scottish Ministers are content to adopt the final statement then both they and Scottish public authorities would have to follow the content of the MPS when carrying out their activities. Paragraph 11 of Schedule 5 permits the Scottish Ministers

3 to decline to adopt the MPS. In such circumstances, the Scottish Ministers could not adopt marine plans for the Scottish off-shore zone affecting reserved interests. This will not affect the powers of the Scottish Ministers in respect of their territorial waters, nor existing responsibilities.

9. If the Scottish Ministers adopt the UK MPS, they will have to act compatibly with it in the Scottish inshore zone (including in carrying out functions under the marine planning system proposed for the Scottish Marine Bill).

Marine Planning

10. A marine planning system will apply the MPS and high level objectives in more detail in specific areas. Marine planning will allow for a strategic approach to managing activities in the marine environment. The Scottish Ministers are responsible for marine planning to 12nm. However, the UK Bill provides for marine planning functions from 12nm – 200nm in waters adjacent to Scotland to be executively devolved to the Scottish Ministers.

11. Plans prepared by the Scottish Ministers will need to be in conformity with the MPS and Ministers will also need to ensure compatibility with adjacent marine plan areas. Scottish plans if agreed by the UK Government will be binding on UK bodies and Departments exercising reserved functions. Further details on the MPS and Marine Planning are attached at Appendix 1 of this Memorandum.

Marine Licensing

12. Part 4 of the Bill introduces measures to simplify the marine licensing process. These measures consolidate and modernise Part II of the Food and Environment Protection Act 1985 (FEPA) and Part II of the Coast Protection Act 1949 (CPA) to simplify and streamline the licensing process into a single consent process. Further details are attached at Appendix 2 of this Memorandum.

13. The Scottish Ministers currently have the power under executive devolution to issue licences for deposits in the sea beyond 12nm to 200nm adjacent to Scotland under the FEPA requirements. The Scottish Ministers have to date only been required to issue one licence for deposits beyond 12nm. However, with the increasing interest in offshore renewable energy projects it is likely that the number of licences required will increase.

14. At the moment Scottish Ministers do not have executive devolution for CPA requirements beyond 12nm. However, the UK Bill provides for the issuing of the new licenses to be executively devolved to Scottish Ministers for activities in the Scottish offshore seas from 12nm – 200nm. Clause 110 of the Bill defines the Scottish Ministers as the appropriate licensing authority for certain matters in the Scottish offshore region.

15. The Scottish Ministers as the licensing authority for the Scottish offshore region will also be the appropriate enforcement authority for this region. Breaching conditions of a licence could lead to an unlimited fine. However, the Bill also introduces a range of more proportionate enforcement sanctions. Statutory notices will be introduced for stop, emergency safety, compliance and remediation purposes. This will allow Scottish Ministers to stop an activity or to specify measures that have to be met. The Bill also provides for a scheme of civil sanctions for monetary penalties and voluntary undertakings.

4

Marine Conservation

16. Certain functions relating to marine nature conservation in the Scottish offshore zone will be executively devolved to Scottish Ministers.

17. Scottish Ministers will have the power to establish Marine Conservation Zones (called Marine Protected Areas) in the offshore zone. Final site proposals are subject to agreement by Scottish Ministers and the Secretary of State. These will complement the MPAs in the Scottish inshore zone which it is intended should be legislated for in the Scottish Marine Bill. Further details on marine conservation are attached at Appendix 3 of this Memorandum

18. The UK Government will be under a duty to report to the Westminster Parliament on its progress in establishing an ecologically coherent network of protected sites, and for its interests in the Scottish offshore zone Scottish Ministers will be required to report to the Scottish Parliament. The advisory body to Scottish Ministers on nature conservation in the offshore area will be the JNCC.

19. As Scottish Ministers will fall within the definition of a ’public body’ as defined in the UK Bill, they will be obliged to carry out their functions in the offshore zone in a manner that best furthers, or least hinders, the conservation objectives set for MCZs. This is in line with the duty on Welsh Ministers in Wales and the Secretary of State.

Migratory and Freshwater Fisheries

20. Part 7, Chapter 3 of the Bill amends legislation by which salmon, trout, eels and freshwater fisheries are managed in England and Wales. These measures extend to the River Esk in Scotland, but not the River Tweed in England, which is managed under Scottish legislation. This arrangement ensures that these two Border Rivers are managed on a catchment basis and is continued post devolution by means of an Order- making power under section 111 of the Scotland Act 1998. The Scotland Act 1998 (Border Rivers) Order 19991 provides that functions relating to the management of salmon, trout, eels and freshwater fish in respect of the whole of the River Esk remain with UK ministers.

21. The key elements of the proposals in Part 7, Chapter 3 are to formally separate licensed and authorised fisheries, to enable the Environment Agency to introduce byelaws in short order to deal with emergency situations and to create a framework power for the introduction of a new live fish movements scheme in England, Wales and the Scottish River Esk. A legislative consent motion is required because these provisions will extend to the River Esk in Scotland.

22. In addition, the management framework will be extended to lamprey, smelt, and (for byelaw making powers only) shad. The Bill amends section 111 of the Scotland Act 1998 to include these species in provisions which may be made by Order under that section. The intention is that the management framework in relation to these further species will take effect on the Scottish River Esk upon the introduction of a new Border Rivers Order under the amended powers in section 111 of the Scotland Act, which will require consideration by both the UK and Scottish Parliaments. The amendment to section 111 of the Scotland Act will not require a legislative consent motion as it is not

1 S.I. 1999/1746 5 within the competence of the Scottish Parliament to amend section 111. Further details on the Migratory and Freshwater Fisheries provisions are attached at Appendix 4 of this Memorandum.

Common Enforcement Provisions

23. The UK Bill provides for common enforcement powers in the offshore zone, including the Scottish offshore zone. Enforcement functions are executively devolved to Scottish Ministers in the Scottish offshore zone in relation to enforcement of MCZs. Common enforcement powers will be available to officers appointed by Scottish Ministers to carry out inspections and investigate offences under nature conservation and licensing provisions.

24. Common enforcement powers will include powers for the pursuit and investigation of suspects from Scottish waters into other zones and reciprocal arrangements.

Miscellaneous

25. The Scottish Ministers wish to take this opportunity through the UK Marine and Coastal Access Bill to address redundant fisheries legislation. A summary of the Acts to be repealed or partially repealed can be found at Appendix 5. These Acts date back to the eighteenth and nineteenth century and are no longer in use.

Reasons for seeking a legislative consent motion

UK Marine Policy Statement and Marine Planning

26. The UK Marine and Coastal Access Bill introduces a UK framework for marine planning and management. This would allow the UK Government and the devolved administrations to cooperate to produce joined up marine management. However it does not impose a UK approach, respecting devolved competence. Executive devolution of marine planning would allow the Scottish Ministers to create plans for both the inshore and offshore area of the seas around Scotland. The Scottish Ministers believe that this is the most effective and practical way of improving the management of the seas around Scotland and the UK.

27. Agreeing to the UK Parliament legislating in this way will allow the Scottish Ministers to produce marine plans for the Scottish inshore and offshore waters. The Scottish Ministers therefore recommend that the Parliament agrees to the Bill’s provision regarding the MPS and that the Scottish Ministers as a policy authority for the Scottish offshore region will be guided by the MPS when producing marine plans for that area.

Marine Licensing

28. The UK Marine and Coastal Access Bill introduces measures to simplify and streamline the process of getting a licence. As well as consolidating and modernising FEPA and CPA to provide a single consent process, the Bill also defines the Scottish Ministers as the licensing authority for the Scottish offshore region. The Scottish Ministers agree with this principle of simplification and the creation of a one stop shop and thus more effective decision making in the licensing process. Scottish Ministers

6 have proposed a similar approach in the recent consultation on the proposed Scottish Marine Bill.

29. Agreeing to the UK Parliament legislating in this way ensures that many licensable activities within Scottish waters will be dealt with by the Scottish Ministers. Businesses requiring a licence within Scottish inshore or offshore waters will have an assessment of their application carried out by Scottish Ministers. The monitoring and enforcement of these licensing activities will also be carried out by Scottish Ministers. The Scottish Ministers therefore recommend that the Parliament agrees to the Bill’s provision that the Scottish Ministers are the licensing and enforcement authority for most matters in the Scottish offshore region.

Marine Conservation

30. In the offshore area there is a key interaction between the Scottish fishing industry and conservation. Ministers believe that this interaction should be managed in Scotland close to key stakeholders rather than in London.

Migratory and Freshwater Fisheries

31. Generally, management of salmon, trout, freshwater fish and eel fisheries in Scotland (which would include so much of the River Esk as lies in Scotland) is devolved; the Scottish Parliament has legislative competence in this respect, and functions are exercisable by Scottish Ministers except where provision has been made under section 111 of the Scotland Act 1998, as in the Scotland Act 1998 (Border Rivers) Order 1999. This includes the licensing of fisheries, the prohibition of certain practices and byelaw making powers. However, the current English legislation, which is amended by the Bill, extends to the River Esk in Scotland, as the relevant Scottish legislation extends to the River Tweed in England.

32. Agreeing to the UK Government’s proposals which require a legislative consent motion will ensure that migratory and freshwater fisheries on the Border Rivers will continue to be managed comprehensively, as the amendments to legislation in the Bill will extend to Scotland on a similar basis to the extent already provided for in the legislation.

Common Enforcement Provisions

33. To ensure the proper exercise of the new licensing and conservation powers it is essential that Scottish Ministers also have the powers to deliver compliance monitoring and enforcement activity.

Consultation

34. The Scottish Ministers launched a consultation on Scotland’s first marine bill ‘Sustainable Seas for All’ in July 2008. The consultation document can be found at:

http://www.scotland.gov.uk/Publications/2008/07/11100221/0

35. Within this consultation document, Figure 1.3 ‘Scotland’s seas: boundaries and responsibilities’ illustrated the current responsibilities of Scottish Ministers. The Scottish Ministers also indicated in the consultation document that they were pursuing further

7 devolution of marine planning and conservation (Point 29, p23). Question 4 of the consultation document was ‘Scottish Ministers believe there are strong practical reasons for further discussion with the UK Government on the allocation of responsibilities around the seas of Scotland. Do you agree with this approach?’ Of those who responded 86% agreed with this approach while 3% did not.

36. The UK Government launched their consultation on the UK Marine and Coastal Access Bill on 3 April 2008 and the Government’s response to the pre-legislative scrutiny and public consultation can be found at: http://www.official-documents.gov.uk/document/cm74/7422/7422.asp

37. The view is that further consultation is not necessary.

Financial Implications

38. Scottish Ministers are continuing to discuss the financial implications of the change in responsibilities with the UK Government. The costs of marine planning in the offshore zone will be met from resources for the Scottish National Marine Plan. The main costs for marine conservation will be the costs of setting up and maintaining Marine Protected Areas. For 9 additional sites in the offshore zone it has been estimated to cost around £1m a year.

39. The costs to Scottish Ministers for executive devolution of the issuing of licences should be minimal. The Scottish Ministers issue around 200 FEPA and 170 CPA licences a year in their territorial waters and the average processing cost of FEPA licences is £1100 and CPA licenses £500. A new charging regime will be introduced for the single licensing consent and any charges levied should cover the cost of assessing and issuing the license and related compliance monitoring and enforcement activity. However, the charge set should be at such a level that it is not a disincentive to new businesses.

40. The new integrated regulatory regime for marine management should enhance the development of the marine economy. It is difficult to cost benefits precisely, however a 1% increase in value of the marine economy would over a 20 year period amount to an estimated £294m. £5.5 m of this would be from more rapid approval of marine energy production.

Conclusion

41. The UK Marine and Coastal Access Bill provides for greater devolution to Scotland of important responsibilities in the off-shore zone and for an integrated framework within the UK for marine planning and management. This should enable Scottish Ministers to manage Scotland’s seas in an holistic manner to deliver for Scottish stakeholders and meet wider obligations, including international commitments.

Scottish Government December 2008

8

APPENDIX 1

UK MARINE AND COASTAL ACCESS BILL: LEGISLATIVE CONSENT MEMORANDUM – DETAILS OF MARINE PLANNING PROVISIONS

Background

1. There is currently no statutory provision for marine planning in the UK Marine Area. The UK Marine and Coastal Access Bill introduces a marine planning system to enable a strategic approach to managing activities in the seas. Effective planning will be important for securing the maximum sustainable benefits within environmental limits.

Marine Policy Statement

2. A MPS will be created for the whole of the UK waters. The MPS will detail the high level objectives for the marine environment. These can be found at: http://www.defra.gov.uk/corporate/consult/highlevel-marine/consultation-document.pdf

3. The UK Government and the devolved administrations will work together on the statement, and agree it jointly. This will not affect the rights of the Scottish Ministers to opt out of participating in the statement or their powers in respect of territorial waters.

4. The MPS will bring together policies for a range of different marine issues and it will address EU and international commitments. The Bill sets out clear procedures for developing, consulting on, prior to the publishing and adoption of the MPS. As the marine environment is never static there is also the facility to review and amend the MPS as necessary.

Marine Planning

5. The MPS and high level objectives are delivered by marine planning. The Bill refers to different ‘planning authorities’ being responsible for different parts of the UK waters.

6. The Scottish Ministers intend to bring forward a Bill concerning Scottish territorial waters (to 12nm) but the UK Government intend that marine planning from 12nm – 200nm will be executively devolved to the Scottish Ministers. The Scottish Ministers when drawing up their plans must be guided by the MPS, if they have agreed it. They will be able to plan on reserved matters (but the UK Government must agree these plans). To ensure a joined up system of planning the Scottish Ministers believe that the application of the MPS from 0-200nm in Scottish seas is the most appropriate approach, if agreement has been reached.

7. The Bill requires that adjacent planning authorities take into account adjacent plans so that there is compatibility. The plans are to be monitored to assess how well they are achieving their objectives and reported on at least every three years. Plans and hence the MPS may be amended should objectives not be met.

8. The Bill allows planning authorities to seek advice from various bodies to help develop plans effectively. This will allow key stakeholders to be involved in the planning process. When plan options are prepared the planning authorities must carry out an

9 appraisal of the sustainability of the options and their likely environmental, social and economic effects and whether they meet the requirements of EU legislation.

9. The draft marine plans created will be open to public scrutiny. This is in line with Scottish Ministers’ proposals as set out in the consultation on a Scottish Marine Bill. The Scottish Ministers will seek the UK Government’s agreement for its marine plans. Where agreement is reached on a Scottish plan which extends to reserved matters, this will bind all UK public authorities.

10 RESTRICTED – POLICY PB/S3/08/148

APPENDIX 2

UK MARINE AND COASTAL ACCESS BILL: LEGISLATIVE CONSENT MEMORANDUM – DETAILS OF MARINE LICENSING PROVISIONS

Background

1. Marine licensing and the conditions put into licences promote economic and social benefits while minimising adverse impacts on the environment and navigational safety or other legitimate uses of the sea. However, the licensing system is complex with a number of licences which appear to protect against similar things being delivered by a range of different bodies.

2. The UK Marine and Coastal Access Bill introduces a simplified licensing system with a one-stop-shop for each project. This will allow for more effective decision making while reducing costs for applicants and Government through the reduction in multiple applications for the same project.

Licensing

3. The main change to the licensing regime is the consolidation and modernisation of Part II of the Food and Environment Protection Act 1985 (FEPA) and the Coast Protection Act 1949 (CPA).

4. Part II of FEPA provides the statutory means to meet the UK’s obligations under both the OSPAR (1992) and London (1972) Conventions which address the prevention of marine pollution from dumping at sea. The licensing authority in deciding whether to issue a licence must have regard to the protection of the marine environment, human health and other legitimate uses of the sea. Part II of CPA is about ensuring that marine works are carried out in a way that ensures the safety of navigation.

5. The UK Bill will make dredging a licensable activity, and will create an appeals process for the UK Marine Bill licence. The UK Bill will also create a revised enforcement system with a range of measures from court fines to civil sanctions and undertakings to ensure compliance with the licences issued or penalties and remediation where licences are not complied with.

APPENDIX 3

UK MARINE AND COASTAL ACCESS BILL: LEGISLATIVE CONSENT MEMORANDUM – DETAILS OF MARINE CONSERVATION

ESTABLISHMENT OF AN ECOLOGICALLY COHERENT NETWORK OF SITES

1. The draft UK Bill provides the tools needed to designate and protect a network of sites – Marine Conservation Zones (MCZs) – which will provide protected areas for certain habitats and species in UK seas. This will include the inshore English and Welsh zone and the offshore zone including the Scottish offshore zone. The Bill makes provisions for MCZs to be called Marine Protected Areas in the Scottish offshore zone.

2. MCZs may be used to protect areas that are important to conserve the diversity of rare, threatened and representative habitats and species such as the rare fan shell (Atrina fragilis), the ocean quahog clam (Arctica Icelandica), seagrass (Zostera) and maerl beds.

3. There will be a duty on the UK Government to exercise their MCZ designation powers to contribute to a network of sites that will assist in the conservation or improvement of the marine environment in the UK marine area. There will also be a duty on the UK Government to report to the Westminster Parliament on its progress in establishing an ecologically coherent network of protected sites. This network will make use of both the MCZ designations and existing or new Natura designated sites. Scottish Ministers will be required to report to the Scottish Parliament on the extent to which the MCZs designated in the Scottish offshore zone, taken together with other MCZs and any European marine sites that have been established in the UK marine area, form an ecologically coherent network of protected sites.

4. The UK Government has asked Natural England, the Joint Nature Conservation Committee and the Countryside Council for Wales to develop programmes to enable designation of MCZs by the end of 2012. For the Scottish offshore zone, the Scottish Government will be responsible for designating sites, with relevant scientific advice being provided by JNCC. The final decision on a designation will be subject to the agreement of the Secretary of State. Sites will be selected on the best available evidence, with consideration of social and economic consideration integrated into the decision-making process. Early and full engagement of stakeholders is expected to help shape the recommended network of sites.

5. MCZs will have conservation objectives set out in the designating order. In most cases these will allow sustainable and benign activities to take place, but there will be scope to set stringent conservation objectives in some case.

6. All public bodies – and this includes the UK Government, Welsh Government and Scottish Government, will have a duty to exercise their functions in ways which further – or at least do not hinder – the conservation objectives set out for MCZs. In most cases this is expected to take place through the exercise of planning, licensing and fisheries functions. The duties are framed in a way which will best enable MCZs’ conservation objectives to be achieved, whilst allowing an appropriate degree of flexibility – with safeguards – where it is considered that development needs to proceed in the public interest.

12

APPENDIX 4

UK MARINE AND COASTAL ACCESS BILL: LEGISLATIVE CONSENT MEMORANDUM – DETAILS OF MIGRATORY AND FRESHWATER FISHERIES PROVISIONS

1. The Marine and Coastal Access Bill amend three Acts which apply a regulatory framework to fisheries for salmon, trout, eels and freshwater fish2 (The Salmon and Freshwater Fisheries Act 1975, the Water Resources Act 1991 and the Environment Act 1995). The clauses extend the regulatory framework to smelt, lampreys, and (in respect of byelaw-making powers) shad, and empower the Ministers to add any other kinds of fish to the regulatory framework. There are also a number of other miscellaneous changes.

EMERGENCY BYELAWS

2. The Environment Agency will have the power to make emergency byelaws to tackle problems such as those caused by serious drought, collapse in numbers of returning fish, high temperatures (leading to de-oxygenation of the water) or water pollution. There will be no formal consultation on emergency byelaws, but Ministers will be obliged to revoke or amend them when they are no longer necessary to protect fisheries.

LICENSING OF FISHERIES

3. Licences will be available only for fishing by rod and line and certain other methods specified by Ministers. These methods will, in general, be less intensive ways of fishing. Those who wish to fish by a method for which a licence is not available will need to apply to the Environment Agency for an authorisation. The Agency will then assess those fisheries for their effects on both fish stocks and the aquatic environment before granting an authorisation. The Agency will not grant an authorisation if the method causes significant levels of exploitation or harm; or they may choose to place restrictions on the authorisation, such as the times and methods of operation.

MOVEMENTS OF LIVE FISH

4. The introduction of fish, whether native or alien, into inland waters can pose a risk to local and national biodiversity through predation, competition or damage to habitats. To complement a recently introduced European regulation controlling the use of alien (non- native) species in aquaculture, the UK government intends to introduce a new scheme that will regulate the keeping, release and removal of native species of live fish (together with certain non-native kinds of fish which are not regulated through European Community law).

5. The key provision shall be an authorisation scheme; each authorisation would be a detailed consolidated consent setting out what species may be kept, stocked, or removed at a particular site. The UK government is aiming to better protect biodiversity as well as significantly reduce current regulatory burdens through the long-term consenting framework.

13

EFFORT LIMITATION

6. The Environment Agency is able to limit effort in fisheries (other than by rod and line) targeting salmon and trout through Net Limitation Orders (NLOs), which limit the number of licences that may be issued each year for a maximum ten year period. This power will be extended power to cover eel fisheries to contribute to European measures to address the dangerously low level of the eel stock, and to other fisheries so that the Agency can control effort properly. These powers will not be extended to rod and line fisheries.

7. The UK Government also proposes to empower the Environment Agency to make NLOs to protect the marine and aquatic environment when fisheries have a significant impact. Whilst byelaws can provide a level of protection, there may be circumstances when limiting a fishery is the only viable option.

8. A public enquiry is automatically triggered if there is a single objection from a (relevant) existing licence holder, even if the licence holder fishes only on a part-time or occasional basis. This adds significantly to the cost and time taken to reduce effort. Also, NLOs may not be confirmed if any person, who had held a relevant licence during the previous year and whose livelihood depends on fishing, will be excluded from the fishery. The relative importance of commercial over recreational fisheries has declined since the introduction of NLOs, and these now give too much emphasis to commercial fisheries rather than conservation of biodiversity. The current obligation to hold a public enquiry will be replaced with a power to do so, and the bar on making NLOs in certain circumstances will be removed.

COMPENSATION

9. The current obligation to pay compensation has, in the past, discouraged the Environment Agency from proposing a byelaw or an NLO necessary for the conservation of fish stocks. The obligation to pay compensation in certain circumstances will be removed and replaced with a power for the Environment Agency to consider paying. There may be circumstances in which compensation of fishery owners for the effects of a byelaw or an NLO might be justifiable, but the UK government considers that compensation should not be paid in those situations when increases in stocks will ultimately benefit fishery owners.

REFORM OF LAW ON CLOSE TIME BYELAWS

The Environment Agency has some limited powers to set close seasons for salmon, trout, and freshwater fish. These will be replaced with a general power for the Agency to set close periods based on the local evidence and advice.

USE OF ILLEGAL INSTRUMENTS

11. The Marine and Coastal Access Bill will ban the use of gaffs and tailers, and empowers Ministers to prohibit the use of other such implements or equipment that might be developed which has the potential to critically injure fish.

14

APPENDIX 5

UK MARINE AND COASTAL ACCESS BILL: REDUNDANT FISHERIES LEGISLATION

The following pieces of redundant sea fisheries legislation are to be repealed in full or in part:

Full repeals 1. White Herring Fisheries Act 17713 - This Act provides for fishermen employed in the white herring fisheries to operate in the foreshore with free access to all ports, harbours, shores, and forelands in GB and its isles. Most provisions in this Act have been repealed by other legislation, except for sections 11 and 12. Those sections no longer serve any useful purpose. 2. Seal Fishery Act 18754 - This Act establishes a closed period for the seal fishery in seas adjacent to the eastern coasts of Greenland waters and an Order in Council can be made to prohibit the killing or capture of seals by any person belonging to a British ship or any British subject. The provisions of this Act have no practical application since there is no longer any prospect of a UK seal fishery in the seas adjacent to eastern Greenland. 3. North Sea Fisheries Act 18935 – This Act carried into effect an International Convention respecting the “Liquor Traffic” in the North Sea. HMRC have advised us that the subject matter (supplying, exchanging or otherwise selling spirits at sea) is now covered wholly by their legislation. 4. Seal Fisheries (North Pacific) Act 18956 and Seal Fisheries (North Pacific) Act 19127 – These Acts regulate the seal and sea otter fisheries of the Behring Sea and adjacent parts of the North Pacific. We want to take this opportunity to repeal both of these Acts.

Partial repeals

5. Fisheries Act 18918 - Section 13 of this Act is a freestanding provision that allows persons to take legal proceedings to enforce an Act or byelaw relating to Salmon and Freshwater Fisheries. This provision has no practical effect and, in any event, such prosecutions are no longer considered to be appropriate. Accordingly, section 13 should be repealed. 6. Behring Sea Act 18949 – We want to repeal all bar section 1(5) and Schedule 2 to this Act. The latter relate to merchant shipping provisions the responsibility for which lie with the Department for Transport.

3 C.31 4 C.18 5 C.17 6 C.21 7 C.10 8 C.37 9 C.2 15

7. The remainder of the Act makes it an offence to “kill, capture or pursue” fur seals within 60 miles of the Pribiloff Islands and further creates a season for the taking of fur seals North of 35 degrees North in the Pacific Ocean. It also prohibits the use of nets in fishing for fur seals. The Act originally provided for carrying into effect an arbitration award between “Her Majesty the Queen and the United States of America” but that purpose is long since unnecessary and the partial repeal is now appropriate.

16 RESTRICTED – POLICY PB/S3/08/149

PARLIAMENTARY BUREAU

Proposed End of Life Choices (Scotland) Bill: Referral of draft proposal

Lead committee

1. The draft proposal for an End of Life Choices (Scotland) Bill was lodged on 8 December 2008. The proposal falls within the remit of the following committees for the following reasons:

Health and Sport Committee Justice Committee

2. The Bill seeks to allow persons, in certain circumstances, to request assistance to end their lives from a qualified, registered physician. The Bill seeks to clarify the law surrounding physician assisted suicide and would protect the physician from prosecution. The Health and Sport Committee reports on all matters relating to health policy and the National Health Service in Scotland. The Justice Committee reports on the administration of criminal justice and other matters falling within the responsibility of the Cabinet Secretary for Justice.

3. The draft proposal is accompanied by a consultation document which runs for 12 weeks from the date of lodging the proposal.

4. Under Rule 9.14.5 of Standing Orders, the Bureau is required to refer the draft proposal to a committee within whose remit the subject matters falls.

5. The Health and Sport Committee has the main interest in the proposal and it is therefore recommended that the draft proposal be referred to the committee for consideration. The Bureau could further consider the role of the Justice Committee should a Bill be introduced.

Non-Executive Bills Unit December 2008