Ag/S3/09/04 PARLIAMENTARY BUREAU
AGENDA FOR MEETING ON TUESDAY 27 JANUARY 2009 2.00pm: Room Q1.03
1. Minutes (a) Draft minutes of 20 January 2009 (attached) (b) Matters arising
2. Future Business Programme (PB/S3/09/14)
3. Procedural motions (a) Scottish Statutory Instruments (PB/S3/09/15)
4. Legislation (a) Flood Risk Management (Scotland) Bill – Stage 2 referral and timetable (PB/S3/09/16)
(b) Health Boards (Membership and Elections) (Scotland) Bill – Stage 2 timetable (PB/S3/09/17)
(b) Legislative Consent Memorandum – Borders, Citizenship and Immigration Bill (PB/S3/09/18)
(c) Legislative Consent Memorandum – Coroners and Justice Bill (PB/S3/09/19)
(d) Legislative Consent Memorandum – Policing and Crime Bill (PB/S3/09/20)
(e) Legislative Consent Memorandum – Welfare Reform Bill (PB/S3/09/21)
5. Parliamentary Calendar (PB/S3/09/22)
6. Publication scheme – consideration of any exempt papers
7. Date of next meeting – Tuesday 3 February 2009
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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-3215# Irene Oldfather: People with Dementia in Accident and Emergency - Recognising Their Needs—That the Parliament notes the launch of the report, People with Dementia in NHS Accident and Emergency- Recognising Their Needs, by the Cross Party Group on Alzheimer’s; is concerned that evidence suggests that while an estimated 70% of elderly people attending accident and emergency will show some sign of having mental health problems including dementia, less than 10% of problems are identified by admitting doctors; notes evidence which suggests that the average length of stay for an older person with dementia in accident and emergency is between three and seven hours and that readmission for this vulnerable group is likely to result in high levels of functional decline; further notes that mortality rates for patients with dementia admitted to hospital are higher than for other elderly people with some studies suggesting that as many as 30% of such patients die within six months and more than 10% are readmitted and may be placed in institutional care as a consequence; recognises the report’s recommendation that where clinically possible there should be a presumption against admission for patients with dementia and that specialist community-based care, including consultant support and diagnostic testing, is desirable; welcomes as a starting point the decision by NHS Ayrshire and Arran to appoint a mental health liaison nurse to lead the development of protocols, policies and guidelines relevant to patients with dementia, and believes that it is important that people with dementia are given appropriate and timely treatment that respects their dignity and independence.
Supported by: Jamie Hepburn, David Stewart, James Kelly, Claire Baker, Hugh O’Donnell, Patricia Ferguson, Kenneth Gibson, Christine Grahame, David Whitton, Angela Constance, Hugh Henry, Bill Kidd, Jackie Baillie, Johann Lamont, Dr Richard Simpson, Cathie Craigie, Stuart McMillan, Trish Godman, Robin Harper, Marilyn Livingstone, Mary Mulligan, Nanette Milne, Margaret Mitchell, Mary Scanlon
S3M-3201# Bill Kidd: Alderman Road Community Garden Highly Commended in the People Category of SURF Awards 2008—That the Parliament offers its congratulations to the Alderman Road Community Garden, which operates in the Knightswood area of Glasgow, for being highly commended in the People category of the 2008 Scottish Urban Regeneration Forum Awards; extols the work of the project in providing a purposeful working environment for those furthest from the job market, such as people suffering from mental health problems, people with drug or alcohol addiction, long-term unemployed people and asylum seekers, in a range of areas in horticulture, hard and soft landscaping, recycling and retail; recognises the outstanding enterprise of the lead organisation, the Coach House Trust, in the field of mental health and environmental and social justice, and celebrates the enhancement of wellbeing, pride and opportunity in the local community facilitated by the Alderman Road Community Garden and projects like it.
Supported by: Bill Butler, Kenneth Gibson, Sandra White, Rob Gibson, Robin Harper, Jamie Hepburn, Christina McKelvie, Bob Doris, Angela Constance, Michael Matheson, Hugh Henry, Stuart McMillan, Gil Paterson
S3M-3200# Karen Whitefield: Diabetes UK 75th Anniversary—That the Parliament congratulates Diabetes UK on its 75th anniversary, which it celebrates in 2009; notes, in this year of Homecoming, the particular contribution of Scotland and Scots to the work of Diabetes UK and to diabetes research, including RD Lawrence who founded the organisation with HG Wells in 1934, JR McLeod who shared the Nobel Prize in Medicine for the discovery of insulin
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and John Ireland who co-designed and developed the insulin pen; recognises that diabetes continues to be a major public health issue in Scotland, with 209,706 people registered with diabetes and a projected increase to 350,000 by 2025; commends the improvements in diabetes services over the past seven years arising from the Scottish Diabetes Framework and Action Plan; notes that the action plan concludes this year, and looks forward to renewed commitment to action on diabetes in Scotland to take us in to 2010 and onwards.
Supported by: Margaret Mitchell, Dr Richard Simpson, Mary Scanlon, Christine Grahame, Shirley-Anne Somerville, Marlyn Glen, Kenneth Gibson, Rhona Brankin, Jackson Carlaw, Liam McArthur, Keith Brown, Nanette Milne, David Stewart, Des McNulty, David Whitton, Malcolm Chisholm, Charlie Gordon, Robert Brown, Sarah Boyack, Elaine Murray, Margaret Curran, Mary Mulligan, James Kelly, Roseanna Cunningham, Ross Finnie, Patrick Harvie, Andy Kerr, Patricia Ferguson, Trish Godman, Angela Constance, Christina McKelvie, Jackie Baillie, Cathie Craigie, Hugh O’Donnell, Jamie McGrigor, Michael Matheson, Cathy Peattie, Jamie Hepburn, Cathy Jamieson, Bill Butler, Robin Harper, Hugh Henry, Marilyn Livingstone, Helen Eadie, Stuart McMillan, Gil Paterson, Tom McCabe, Jack McConnell
S3M-3132# Sandra White: Opposition to Parkhead Fire Station Closure—That the Parliament expresses concern over the proposals of Strathclyde Fire and Rescue Service management to close Parkhead fire station; believes that the communities of Shettleston, Tollcross, Haghill, Dalmarnock, Riddrie, Carntyne and Mount Vernon, which will now be served by a new station in Cambuslang, will see response times to incidents increasing, which in turn will lead to an increase in the number of fire deaths and injuries; notes that Parkhead fire station covers some of the poorest communities in the United Kingdom and that it has been identified that the main causes of fires are related to social and economic problems, drug and alcohol abuse and areas of poverty and high unemployment, and believes that Strathclyde Fire and Rescue Service management’s proposals will be detrimental to those communities affected.
Supported by: Alasdair Allan, Michael Matheson, Bashir Ahmad, Rob Gibson, Bob Doris, Aileen Campbell, Bill Wilson, Jamie Hepburn, Bill Kidd, Gil Paterson, Christina McKelvie, Stuart McMillan
S3M-3097# Christina McKelvie: Opposition to People Trafficking—That the Parliament condemns the practice of people trafficking; welcomes the Scottish Government’s support for the Trafficking Awareness Raising Alliance and the commitment from civic Scotland, including justice and peace groups in Cupar and Motherwell, which is supporting victims of trafficking, and supports all measures and groups that seek to end the practice.
Supported by: Michael Matheson, Patrick Harvie, Alasdair Allan, Robert Brown, Bob Doris, Kenneth Gibson, Bashir Ahmad, Rob Gibson, Aileen Campbell, Angela Constance, Dave Thompson, Shirley-Anne Somerville, Keith Brown, Malcolm Chisholm, Alex Neil, Hugh O’Donnell, Christine Grahame, Jamie Hepburn, Bill Kidd, Joe FitzPatrick, Brian Adam, Sandra White, Gil Paterson, Robin Harper, Roseanna Cunningham, Trish Godman, Nigel Don, Murdo Fraser, John Park, Mike Pringle, Stuart McMillan, Bill Wilson, Karen Gillon, Dr Richard Simpson, Margaret Mitchell, Jamie McGrigor, Iain Smith*
S3M-3095# Alasdair Morgan: Scottish Coastal Path—That the Parliament welcomes the development of core path networks, which it believes can make a major contribution to both encouraging healthy exercise and attracting tourists to Scotland, and particularly welcomes those in the South of Scotland; considers that coastal paths have a particular attractiveness because of the beauty of Scotland’s coastline; further considers that long-distance paths have a particular role to play in attracting walkers to undertake at least part of the journey along such paths; congratulates those councils that have already created and marked paths along all or part of their coastlines, and believes that the creation of a Scottish coastal path, marked and marketed as such, would be a worthwhile long-term objective and would provide a national asset.
Supported by: Michael Matheson, Kenneth Gibson, John Wilson, Roseanna Cunningham, Hugh Henry, Alex Neil, Dave Thompson, Rob Gibson, Alasdair Allan, Robin Harper, Bill Kidd,
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Sandra White, Brian Adam, Bob Doris, Stuart McMillan, Bill Wilson, Aileen Campbell, Jackson Carlaw, Des McNulty, Gil Paterson, Christina McKelvie, Jack McConnell, Jamie Hepburn
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, Gil Paterson, Angela Constance, Sandra White
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, Cathy Peattie
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, Cathy Peattie
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
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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-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 27.09.07 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
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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
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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
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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 07.01.09 Sandra White SNP Devastating Cuts At The Herald and Evening Times 08.01.09 Lewis Macdonald LAB Aberdeen Forensic Science Laboratory 14.01.09 Jim Hume LD Post Office Closures 15.01.09 Jamie McGrigor CON Future of the Bull Hire Scheme 21.01.09 Mary Mulligan LAB Shelter Scotland 40 Years On 22.01.09 Christine Grahame SNP Cuiken Primary and its School Playing Field 28.01.09 Bill Kidd SNP Knightswood Youth Theatre Announced as a Winner of Philip Lawrence Awards 29.01.09 Karen Whitefield LAB Diabetes UK 75th Anniversary
Record of Members’ Business Taken by the Parliament in Session 3
Party SNP LAB CON LD GRN IND TOTAL
Frequency (no.) 41 42 15 15 2 1 116 Frequency % 35.3 36.2 12.95 12.95 1.7 0.9 100
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BUSINESS MOTION Date of Lodging: 27 January 2009 Short Title: Business Motion Bruce Crawford (Stirling) (SNP): Business Motion: That the Parliament agrees the following programme of business—
Wednesday 4 February 2009
2.30 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Scottish Government Debate: Local Government Finance (Scotland) Order 2009 followed by Business Motion followed by Parliamentary Bureau Motions
5.00 pm Decision Time followed by Members’ Business
Thursday 5 February 2009
9.15 am Parliamentary Bureau Motions followed by Scottish Liberal Democrats Business
11.40 am General Question Time
12 noon First Minister’s Question Time
2.15 pm Themed Question Time—
Education and Lifelong Learning; Europe, External Affairs and Culture
2.55 pm Scottish Government Debate: Early Years Framework followed by Parliamentary Bureau Motions
5.00 pm Decision Time followed by Members’ Business
Wednesday 11 February 2009
2.30 pm Time for Reflection followed by Parliamentary Bureau Motions followed by Scottish Government Business followed by Business Motion followed by Parliamentary Bureau Motions
5.00 pm Decision Time
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Thursday 12 February 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 Stage 1 Debate: Sexual Offences (Scotland) Bill followed by Financial Resolution: Sexual Offences (Scotland) Bill followed by Parliamentary Bureau Motions
5.00 pm Decision Time followed by Members’ Business
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BUSINESS MOTION
Date of Lodging: 27 January 2009 Short Title: Business Motion Bruce Crawford (Stirling) (SNP): Business Motion: That the Parliament agrees that consideration of the Health Boards (Membership and Elections) (Scotland) Bill at Stage 2 by completed by 13 February 2009.
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BUSINESS MOTION
Date of Lodging: 27 January 2009 Short Title: Business Motion Bruce Crawford (Stirling) (SNP): Business Motion: That the Parliament agrees that consideration of the Flood Risk Management (Scotland) Bill at Stage 2 be completed by 27 March 2009
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BUREAU - BUSINESS FOR WEEK COMMENCING 26 JANUARY 2009
DAY MORNING AFTERNOON Monday 26 Constituency 1430-1700 Constituency Tuesday 27 0930-1230 Committees 1430-1700 Committees
Wednesday 1430 Time for Reflection 28 Followed by Parliamentary Bureau Motions (if required)
1435-1700 Stage 3 Budget (Scotland) (No.2) Bill
Followed by Business Motion
Followed by Parliamentary Bureau Motions (if required)
1700 Decision Time followed by Members’ Business (SNP) S3M-3073 Bill Kidd: Knightswood Youth Theatre Announced as a Winner of Philip Lawrence Awards
Thursday 29 0915 Parliamentary Bureau 1415-1455 Themed Question Time Motions (if required) [Finance and Sustainable Growth]
0915-1027 Labour Party 1455-1700 Scottish Government Business – Forestry Debate: Gaelic Language Plan
1027-1140 Labour Party Followed by Parliamentary Bureau Business – Transport Motions (if required) Priorities 1700 Decision Time followed by 1140 – 1200 General Members’ Business (Lab) S3M-3200 Question Time Karen Whitefield: Diabetes UK 75th Anniversary 1200 - 1230 First Minister’s Question Time
Constituency Constituency Friday 30
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BUREAU - BUSINESS FOR WEEK COMMENCING 2 FEBRUARY 2009
DAY MORNING AFTERNOON Constituency Constituency Monday 2 0930-1230 Committees 1430-1700 Committees Tuesday 3
1430 Time for Reflection
Wednesday Followed by Parliamentary Bureau 4 Motions (if required)
1435-1700 Scottish Government Debate: Local Government Finance Order
Followed by Business Motion
Followed by Parliamentary Bureau Motions (if required)
1700 Decision Time followed by Members’ Business (Con) S3M-03293 Murdo Fraser: Combating Human Trafficking
0915 Parliamentary Bureau 1415-1455 Themed Question Time: Motions (if required) [Education and Lifelong Learning: Thursday 5 Europe, External Affairs and Culture] 0915-1140 Liberal Democrat Business 1455-1700 Scottish Government Debate Early Years Framework 1140 – 1200 General Question Time Followed by Parliamentary Bureau Motions (if required) 1200 - 1230 First Minister’s Question Time 1700 Decision Time followed by Members’ Business (LD) S3M-03284 Jamie Stone: Investment in Schools Constituency Constituency Friday 6
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BUREAU - BUSINESS FOR WEEK COMMENCING 9 FEBRUARY 2009
DAY MORNING AFTERNOON Constituency 1430-1700 Constituency Monday 9 0930-1230 Committees 1430-1700 Committees Tuesday 10
1430 Time for Reflection
Wednesday Followed by Parliamentary Bureau 11 Motions (if required)
1435-1700 Scottish Government Business
Followed by Business Motion
Followed by Parliamentary Bureau Motions (if required)
1700 Decision Time followed by Members’ Business (Lab)
Thursday 12 0915 Parliamentary Bureau 1415-1455 Themed Question Time: Motions (if required) (Health & Wellbeing)
0915-1140 Scottish 1455-1700 Stage One Sexual Offences Government Business (Scotland) Bill
1140 – 1200 General 1700 Financial Resolution Sexual Question Time Offences (Scotland) Bill
1200 - 1230 First Minister’s Followed by Parliamentary Bureau Question Time Motions (if required)
1700 Decision Time followed by Members’ Business (SNP) Constituency Constituency Friday 13
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PARLIAMENTARY BUREAU
APPROVAL OF STATUTORY INSTRUMENTS
Introduction 1. This Bureau is invited to agree the following motions—
Bruce Crawford on behalf of the Parliamentary Bureau: That the Parliament agrees that the following instruments be approved:
the draft International Organisations (Immunities and Privileges) (Scotland) Order 2009 (SSI 2009/draft)
the draft Further and Higher Education (Scotland) Act 1992 Modification Order 2009 (SSI 2009/draft)
the draft Private Landlord Registration (Modification) (Scotland) Order 2009
Purpose and consideration by Committees
The draft International Organisations (Immunities and Privileges) (Scotland) Order 2009 (SSI 2009/draft)
2. The purpose of this instrument is to confer privileges and immunities, insofar as they are within devolved competence, on 13 international organisations (set out in the Schedules to the Order) and persons associated with these organisations. The United Kingdom is a member of all of the organisations covered by the Order.
3. The Justice Committee considered this instrument at its meeting on 20 January 2009. After debate, the motion to approve the instrument was agreed to without division.
The draft Further and Higher Education (Scotland) Act 1992 Modification Order 2009 (SSI 2009/draft)
4. The purpose of this instrument is to modify the Further and Higher Education (Scotland) Act 1992 to ensure that a further education college can no longer be required to pay a portion of proceeds from a disposal of certain property to the Scottish Ministers. Any amount paid would instead be made to an educational charity directed by the Scottish Ministers. This is to ensure that governing bodies of colleges of further education would not fail the charity test by virtue of section 18(5) forming part of its constitution.
5. The Education, Lifelong Learning and Culture Committee considered this instrument at its meeting on 21 January 2009. After debate, the motion to approve the instrument was approved without division.
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The draft Private Landlord Registration (Modification) (Scotland) Order 2009
6. The purpose of this instrument is to include an additional category (namely insolvency practitioners) to the list of categories to which there is exemption from registration as a private landlord for the purposes of section 83 of the Antisocial Behaviour etc. (Scotland) Act 2004.
7. The Subordinate Legislation Committee has drawn this instrument to the attention of the lead committee and the Parliament on the grounds that, the situation with respect to insolvency practitioners and their ‘ownership’ for the purposes of section 83(1)(b) and the extent of the proposed exemption is not clear.
8. The Local Government and Communities Committee considered this instrument at its meeting on 21 January 2009. After debate, the motion to approve the instrument was approved without division.
Parliamentary Business Team January 2009 PB/S3/09/16
PARLIAMENTARY BUREAU
FLOOD RISK MANAGEMENT (SCOTLAND) BILL – STAGE 2 REFERRAL AND TIMETABLE
1. At its meeting on 22 January 2009, the Parliament agreed to the general principles of the Flood Risk Management (Scotland) Bill.
2. The Bureau is invited to refer the Bill back to the Rural Affairs and Environment Committee for consideration at Stage 2 and to recommend to the Parliament a deadline of 27 March 2009 for that Stage.
Parliamentary Business Team January 2009
PB/S3/09/17
PARLIAMENTARY BUREAU
HEALTH BOARDS (MEMBERSHIP AND ELECTIONS) (SCOTLAND) BILL – STAGE 2 TIMETABLE
1. At its meeting on 20 January 2009, the Bureau agreed to refer the Health Boards (Membership and Elections) (Scotland) Bill back to the Health and Sport Committee for consideration at Stage 2.
2. The Bureau is invited to recommend to the Parliament a deadline of 13 February 2009 for that Stage.
Parliamentary Business Team January 2009
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PARLIAMENTARY BUREAU
LEGISLATIVE CONSENT MEMORANDUM ON THE BORDERS, CITIZENSHIP AND IMMIGRATION BILL
1. The attached Legislative Consent Memorandum on the Borders, Citizenship and Immigration Bill was lodged on 20 January 2009. 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 Justice Committee for consideration.
Parliamentary Business Team January 2009
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LEGISLATIVE CONSENT MEMORANDUM
Borders, Citizenship and Immigration Bill
Draft Legislative Consent Motion
1. The draft motion, which will be lodged by the Cabinet Secretary for Justice, is:
“That the Parliament agrees that the relevant provisions of the Borders, Citizenship and Immigration Bill, introduced in the House of Lords on 14 January 2009, relating to the power of detention for individuals subject to an outstanding arrest warrant and their enforcement, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”
Background
2. This memorandum has been lodged by Kenny MacAskill, Cabinet Secretary for Justice, under Rule 9.B.3.1(a) of the Parliament’s standing orders. The Borders, Citizenship and Immigration Bill (“the Bill”) was introduced in the House of Lords on 14 January 2009. The Bill can be found at: http://services.parliament.uk/bills/2008-09/borderscitizenshipandimmigration.html
Content of the Bill
3. The Bill provides for customs functions exercisable by the Secretary of State, the Director of Border Revenue and officials designated by them. It makes provision on: the use and disclosure of customs information for and in connection with the exercise of customs functions and functions relating to immigration, asylum or nationality; about citizenship and other nationality matters; and, makes further provision about immigration and asylum and for connected purposes.
Power of Detention
4. Part 3 of the Bill proposes extending legislation governing the power of detention for immigration officers for non immigration offences to Scotland.
5. Sections 1 – 4 of the UK Borders Act 2007 introduced a power of detention for designated immigration officers for non immigration offences. This provision did not extend to Scotland as it was not considered necessary at that time on the basis that there is normally a police presence at all Scottish ports and airports that could attend to detain individuals either who had committed an offence at the airport or who were subject to an outstanding warrant of arrest.
6. The Scottish Government has subsequently considered further with the Association of Chief Police Officers in Scotland (ACPOS) and the UK Borders Agency (UKBA). This has confirmed that a general power of detention for immigration officers is not necessary in Scotland. There is however a potential loophole in the current arrangements. Normally advance notification of passenger data would mean UKBA would alert the police to the fact an individual subject to a warrant of arrest was entering or leaving the country allowing the police to detain the person at the port. However, should the individual present at immigration before that information has been passed to
LCM (S3) 15.1 Session 3, 2009 the police the immigration officer would be aware of the outstanding warrant but would be unable to hold the individual pending the arrival of a police officer. In order to ensure Scotland’s border remains as secure as elsewhere in the UK and that Scots and others subject to arrest warrants are not able to enter or leave the country unhindered the Scottish Government considers this loophole should be closed.
7. The Bill includes at section 49 provisions to close that loophole. It also makes provision to ensure that the designated Immigration officer can enforce the detention and provides for the following offences-
absconding from or assaulting an immigration officer which could result in a custodial sentence of up to 12 months, a fine not exceeding level 5 on the standard scale, or both on summary prosecution;
obstructing an immigration officer which could result in the same custodial sentence, a fine not exceeding level 3 on the standard scale, or both.
8. The proposals in the Bill are welcomed by the police as they will ensure Scotland’s borders remain as secure as those elsewhere in the UK and will help the police to more effectively enforce outstanding warrants.
9. Provision is also being included in the Bill that will require the agreement of the Scottish Ministers prior to the new powers for detention being commenced.
Issues subject to the consent of the Scottish Parliament: Power of Detention
10. Application to Scotland of a power for designated immigration officers to detain for a maximum of 3 hours individuals subject to an outstanding warrant of arrest - This will allow police time to attend the port to detain and execute the warrant. As this power of detention relates to non immigration offences it falls in a devolved subject area and the consent of the Scottish Parliament to legislate on this point is required.
Provisions relating to enforcement
11. Maximum custodial penalties - The maximum custodial penalty for absconding from, or assaulting or obstructing, an immigration officer is a custodial sentence of not more than 12 months. As these offences fall in a devolved subject area, the consent of the Scottish Parliament to legislate on this point is required.
Reasons for seeking a legislative consent motion
12. UK Parliament legislation is required for the reserved provisions of the Bill. It would be possible to bring forward legislation in the Scottish Parliament for the provisions which fall within devolved competence. However, introducing a short Bill purely for these minor and consequential provisions would not be a proportionate or effective use of Scottish Parliamentary time or resources. In addition, making provision in separate Bills in the two Parliaments would run the risk of the loopholes remaining in Scotland for longer than is necessary. Using UK legislation will also ensure that legislation with regards to the UK Borders Agency is kept together as a coherent package. Furthermore should legislation be made in the Scottish Parliament a section 104 Order under the Scotland Act might be required as the Scottish Parliament would be placing an obligation on a UK body exercising reserved functions only (i.e. the UK
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Borders Agency) to detain individuals for a devolved purpose. This would add to the time taken to bring the provisions into force. In these circumstances, the Scottish Government considers that agreement by the Scottish Parliament to legislation by the UK Parliament on these matters presents the best option for closing this legislative gap.
Financial implications
13. We expect this provision to be used only in exceptional circumstances where it has not been possible to inform the police in advance that an individual subject to an outstanding warrant of arrest is expected to pass through immigration at a Scottish port. As a result we do not anticipate any significant financial implications from the provisions of the Bill, most of which would in any event fall to the UKBA.
Conclusion
14. The view of the Scottish Government is that it is in the interests of public safety that designated immigration officers be given a power of detention where an individual subject to an outstanding arrest warrant comes to their attention at the border. The proposals of the Bill achieve this and should be supported.
Scottish Government January 2009
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PARLIAMENTARY BUREAU
LEGISLATIVE CONSENT MEMORANDUM ON THE CORONERS AND JUSTICE BILL
1. The attached Legislative Consent Memorandum on the Coroners and Justice Bill was lodged on 20 January 2009. 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 Justice Committee for consideration.
Parliamentary Business Team January 2009
LEGISLATIVE CONSENT MEMORANDUM
Coroners and Justice Bill
Draft Legislative Consent Motion
1. The draft motion which will be lodged by the Cabinet Secretary for Justice is:
“That the Parliament agrees that the relevant provisions of the Coroners and Justice Bill introduced in the House of Commons on 14 January 2009, relating to the EU Services Directive, the power to create information sharing gateways, and criminal memoirs, 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 Kenny MacAskill, Cabinet Secretary for Justice, under Rule 9.B.3.1(a) of the Parliament’s standing orders. The Coroners and Justice Bill was introduced in the House of Commons on 14 January 2009. The Bill can be found at: http://services.parliament.uk/bills/2008-09/coronersandjustice.html
Content of Bill
3. Most of the Bill relates to England and Wales or Northern Ireland. It contains a range of provisions concerning criminal justice matters including reforms to the criminal law as well as changes to the operation of the coroners system.
Issues subject to the consent of the Scottish Parliament and reasons for seeking a Legislative Consent Motion
4. There are three areas of the Bill for which the consent of the Scottish Parliament is sought.
EU Services Directive
5. Directive 2006/123/EC of the European Parliament and of the Council on Services in the Internal Market is due for implementation by 28 December 2009. This Directive seeks to establish a single market for the provision of services within the European Union.
6. In terms of Article 30(2), each EU Member State is under an obligation not to refrain from taking enforcement measures against a service provider established in its territory on the grounds that the service provision leading to the enforcement action took place in another Member State. It may therefore be necessary to amend certain legislation in the UK so that enforcement action provided for in that legislation can be taken in respect of activities of a service provider in another country. This may involve extending existing criminal offences. Where the penalties for such offences exceed those specified in paragraph 1 of Schedule 2 to the European Communities Act 1972 (the “1972 Act”), the necessary extension cannot at present be effected by regulations
2 under section 2(2) of that Act (which will otherwise be the vehicle used to implement the Services Directive). The Coroners and Justice Bill provision deals with this problem by disapplying the relevant limitation in Schedule 2 to the 1972 Act.
7. The Services Directive covers services both in the devolved and reserved spheres and accordingly the Bill provision will to an extent relate to matters within the legislative competence of the Scottish Parliament. The Scottish Government is of the view that it is sensible to allow the necessary provision paving (?) full implementation of the Services Directive by way of subordinate legislation to be enacted within this Bill and for the provision to extend to devolved matters in Scotland.
8. There are no financial implications of these provisions. Due to the nature of the provisions, it has not been necessary to undertake any external consultation. The Scottish Government will however consult on any regulations required for the implementation of the Services Directive.
Power to create information sharing gateways through secondary legislation
9. The Bill seeks to implement one of the recommendations of the Richard Thomas/Mark Walport Data Sharing Review Report (2008):
"8.41 Recommendation 8(a): We recommend that where there is a genuine case for removing or modifying an existing legal barrier to data sharing, a new statutory fast- track procedure should be created. Primary legislation should provide the Secretary of State, in precisely defined circumstances, with a power by Order, subject to the affirmative resolution procedure in both Houses, to remove or modify any legal barrier to data sharing by:
• repealing or amending other primary legislation; • changing any other rule of law (for example, the application of the common law of confidentiality to defined circumstances); or • creating a new power to share information where that power is currently absent. "
10. The particular scenario addressed by this clause is where bodies can see a good reason for sharing information but find that they cannot do so because of existing law: e.g. where the UK Government wanted local authorities to share information concerning poorer households with the Digital Switchover companies so that they could target help to those households. There have been a number of instances in Scotland where public bodies have found difficulty in identifying a basis for information sharing, and in some cases parliamentary time has had to be found to allow for primary legislation to create such gateways. Thus the argument for the Thomas/Walport recommendation is as strong here as elsewhere.
11. The Bill proposes to implement this recommendation by amending the Data Protection Act 1998 to provide that Ministers within each of the UK Administrations may enable any person to share information which consists of includes personal data by order laid before the relevant Parliament. The exercise of this power is subject to a number of appropriate provisos: the Minister exercising it must be satisfied that it is necessary to secure a policy objective, that it is proportionate to that policy objective, and that the provision strikes a fair balance between the public interest and the interests of any person affected by it. Consultation must take place with the Information
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Commissioner before such an order is put forward. There is also a requirement on all Ministers (of all Administrations) to consult with the Secretary of State responsible for data protection.
12. Various tests are required to ensure that these powers are exercised by the correct Minister in respect of different functions and bodies: the power of Scottish Ministers is restricted to the sharing of information between Scottish public bodies exercising devolved functions. Where information is to be shared between Scottish and UK bodies, or where the sharing would relate to reserved functions, the power to create such a gateway would reside with the appropriate UK minister. If an order is proposed by a UK Minister which would authorise information sharing in respect of a Scottish public body or would modify an Act of the Scottish Parliament or an SSI, then that Minister must obtain the consent of Scottish Ministers.
Criminal Memoirs
13. The Coroners and Justice Bill introduces a scheme which enables recovery of profits made by criminals from publicising the stories of their crimes. The scheme:
• applies to all criminals, regardless of the seriousness of their offences (although in practice profit is only likely to be made from publications about serious offences, in particular murder and manslaughter); • is limited to convicted criminals only; • is limited to such criminals writing, or contributing to, accounts of their own crimes (and not accounts of prison life or publications that may sell by virtue of their author’s notoriety); • covers all forms of publication (books, films, internet etc); • has a public interest test; and • follows existing guidelines and limits for asset recovery in other cases.
14. Although Scotland has separate jurisdiction in this matter the Scottish Government considers it to be extremely important that a common approach is taken across the UK. For any scheme to be effective, the Scottish Government considers that comprehensive UK legislation will be more workable and effective than complex, complementary legislation taken forward in both Parliaments on different timescales. UK-wide provisions would help avoid cross-border issues that might be exploited by those seeking to profit from publishing material about their crimes, for example by seeking to exploit any differences between Scottish laws and the law in other parts of the UK.
15. The Scottish Government considers that a civil recovery scheme offers the greatest flexibility and is consistent with the approach taken in other countries where legislation has been introduced to prevent profit from publications about crime.
16. It is hoped that the change in law will act as a powerful deterrent to criminals seeking to profit from their crimes through publicising their stories. It is anticipated that across the UK, only a few cases each year will emerge where the civil recovery scheme is operated. Within Scotland therefore, it is estimated that only a handful of cases annually will occur. This means that in terms of costs, the impact will be limited. In Scotland respondents can apply to the Scottish Legal Aid Board for civil legal aid funding and there may be some limited legal aid costs. Costs would be incurred by the Civil Recovery Unit within the Crown Office in administering and enforcing a new civil
4 scheme; and the civil courts in hearing cases and applying the law. It is likely that some cases may be settled out of court and would not, therefore, generate significant legal or court costs. It is expected that all costs associated with the change in the law can be met within the existing resources of those areas affected.
17. A joint Scottish Executive/Home Office/Northern Ireland Office consultation paper was published on 9 November 2006 and ended on 9 February 2007. The consultation paper sought views on whether the law should be changed through the introduction of a new civil scheme for the recovery of profits based on the civil recovery provisions in the Proceeds of Crime Act. Respondees to the consultation were generally in favour of this proposal.
Conclusion
18. The view of the Scottish Government is that it is in the interests of good governance and an effective justice system that the provisions of the Coroners and Justice Bill relating to the EU Services Directive, the power to create information sharing gateways, and criminal memoirs, 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.
Scottish Government January 2009
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PARLIAMENTARY BUREAU
LEGISLATIVE CONSENT MEMORANDUM ON THE POLICING AND CRIME BILL
1. The attached Legislative Consent Memorandum on the Policing and Crime Bill was lodged on 22 January 2009. 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 Justice Committee for consideration.
Parliamentary Business Team January 2009
LEGISLATIVE CONSENT MEMORANDUM
Policing and Crime Bill
Draft Legislative Consent Motion
1. The draft motion, which will be lodged by the Cabinet Secretary for Justice, is:
“That the Parliament agrees that the relevant provisions in the Policing and Crime Bill, introduced to the House of Commons on 18 December 2008, relating to football banning orders, extradition and the proceeds of crime, 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 Kenny MacAskill, Cabinet Secretary for Justice, under Rule 9.B.3.1(a) of the Parliament’s standing orders. The Policing and Crime Bill (“the Bill”) was introduced in the House of Commons on 18 December 2008. The Bill can be found at: http://services.parliament.uk/bills/2008-09/policingandcrime.html
Summary of the Bill and its policy objectives
3. The Policing and Crime Bill is sponsored by the Home Office. The Bill is wide ranging in nature and contains provisions relating to:
• Police; • Prostitution; • Sex offenders; • Sex establishments and certain other premises; • Reducing and dealing with the abuse of alcohol; • Proceeds of crime; • Extradition; • Amending the Aviation Security Act 1982; • Criminal records; • Amending the Safeguarding Vulnerable Groups Act 2006; • Conferring, extending or facilitate search, forfeiture and other powers relating to the United Kingdom’s borders or elsewhere; and • Combating crime and disorder.
Provisions within the Bill for which consent is sought
4. There are three areas of the Bill’s provisions for which the consent of the Scottish Parliament are sought. Details are set out below.
Football Banning Orders (FBOs)
5. Breach in Scotland of an FBO issued in England and Wales - In consequence of the extension of FBOs issued in England and Wales (E&W FBOs) to prohibit attendance at Scottish matches, and to make E&W FBOs enforceable by police in
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Scotland, offences are created in Scots law of breaching E&W FBOs in Scotland. As these offences fall in a devolved subject area, the consent of the Scottish Parliament to legislation on this point is required.
6. The offences mirror the existing offences in Scotland of breaching a Scottish FBO or any requirements imposed by the police, and provide for equivalent penalties on conviction.
7. Initial reporting requirements - The Football Spectators Act 1989 and the Police, Public Order and Criminal Justice (Scotland) Act 2006 both require an individual to report to a police station specified by the court within five days of the imposition on him of an FBO. At present, the specified police station must be in the jurisdiction where the FBO is imposed. This can create practical problems where the subject does not reside in that jurisdiction. In order to alleviate this situation, the Bill amends the 2006 and 1989 Acts to enable courts to specify a police station anywhere in the UK for initial reporting purposes. Amending the 2006 Act in this way would be within the devolved competence of the Scottish Parliament and therefore a LCM is required in this regard.
8. Reporting requirements for foreign matches - Under the 2006 Act, requirements to report to a police station, and to surrender a passport, may be imposed on the subject of an FBO by police where this is considered necessary or expedient in order to reduce the likelihood of violence or disorder at or in connection with a match being played outside the UK. However, these requirements are suspended for any period during which the subject is resident outside Scotland. The Bill removes this restriction to enable reporting and passport surrender requirements imposed on an individual subject to a Scottish FBO to apply regardless of where in the UK they are resident. This amendment falls within devolved competence and therefore is subject to the LCM. Parallel amendments are made to the 1989 Act.
9. Commencement – The Bill provides for the commencement of the Act by the Secretary of State by statutory instrument. However, such an instrument commencing those provisions described above which fall within the legislative competence of the Scottish Parliament may not be made without the consent of the Scottish Ministers. This falls within devolved competence and therefore is subject to the LCM.
Extradition
10. Return of extraditees convicted in the UK to home country to serve sentence- Article 5(3) of the European Arrest Warrant Framework Decision provides that where a person who is the subject of a European arrest warrant for the purposes of prosecution is a national or resident of the executing Member State, surrender may be subject to the condition that the person, after being heard, is returned to the executing Member State in order to serve there the custodial sentence or detention order passed against him in the issuing Member State. Although the UK does not make extradition of British nationals or residents subject to such a condition, section 144 of the Extradition Act 2003 (which deals with outgoing requests) provides a statutory basis on which the UK can comply with a request from other Member States to make surrender of their nationals conditional in this way. There are a number of difficulties with the current wording of section 144 and the Bill makes a number of clarifying amendments. In granting Scottish Ministers a new power to give an undertaking on issues such as the person's treatment in the UK and arrangements to return the person to the EU member
3 state, the Bill alters the executive competence of the Scottish Ministers. An LCM is therefore required.
11. Temporary surrender - One consequence of the increasingly trans-national nature of modern crime is that cases may arise in which an individual whose extradition is requested by one country is serving a sentence or facing criminal proceedings in the country to which the request for extradition is made. In order to ensure that the need to punish an individual in one territory does not frustrate the interests of justice in another, many international extradition agreements now provide a framework which enables a person to be extradited on a temporary basis prior to the completion of their sentence (‘temporary surrender’). The Bill makes a number of amendments to improve temporary surrender. In granting Scottish Ministers a new power to provide an undertaking that a subject of an extradition request from a Sheriff will be returned to the extraditing state at the conclusion of the UK criminal proceedings, the Bill alters the executive competence of the Scottish Ministers. An LCM is therefore required.
Proceeds of Crime
12. The Bill contains provisions to amend the Proceeds of Crime Act 2002, most of which are reserved to the UK Government. It provides search and seizure powers for the police and customs officers to prevent the dissipation of personal property. The property may be seized in anticipation of a confiscation order being made. These new powers will be subject to judicial oversight as the search powers should only be exercised where prior judicial authority has been obtained, or if that is not practicable, with the approval of a senior officer at Inspector level. If judicial approval is not obtained and no property is seized or not detained for more than 48 hours, the investigator must submit a report to an independent person (Appointed Person) which sets out why the investigator considered that he had the power to carry out the search and why it was not practicable to obtain prior approval. This is along similar lines to the procedures currently set out for cash seizures. This is reserved to the UK Government.
13. The Appointed Person will be under an obligation to submit an annual report to Scottish Ministers with his conclusions about the matters reported to him and to make any appropriate recommendations. Scottish Ministers will be required to lay this Report before Parliament and publish it. This alters the executive competence of the Scottish Ministers and an LCM is therefore required.
Reasons for seeking a legislative consent motion
14. UK Parliament legislation is required in any event for the reserved provisions of the Bill. It would be possible to bring forward legislation in the Scottish Parliament for the provisions which fall within devolved competence. However, introducing a short Bill purely for these minor and consequential provisions would not seem to be a proportionate or effective use of Scottish Parliamentary time or resources. In addition, making provision in separate Bills in the two Parliaments would run the risk of the legislation not fully matching up if amendments were made, and delay in passing one or other Bill could leave an undesirable gap. In these circumstances, the Scottish Government considers that agreement by the Scottish Parliament to legislation by the UK Parliament on these matters presents the best option.
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Financial implications
Football Banning Order
15. While there may be an increase in court business arising from prosecutions for the new football banning order offences, we do not anticipate any significant financial implications from the provisions of this Bill. As the provisions of the Bill are intended to make it easier for police to address the risk of violence and disorder at football matches presented by recognised individuals, this could lead to greater efficiency in operational terms.
Extradition
16. As the provisions are designed to improve the processes in extradition cases, we do not anticipate any significant financial implications from the provisions of this Bill. Although it is possible that there might be a very small increase in court business as a result of extradition becoming more feasible in certain circumstances, the proposals are likely to be used very rarely.
Proceeds of Crime
17. There may be some additional costs to allow the Appointed Person to prepare his report and the publication of it. However, the Appointed Person already prepares a Report to the Scottish Parliament on the cash seizure provisions in the Proceeds of Crime Act 2002 and the additional costs of this new requirement are expected to be marginal and can easily be met from current resources.
Conclusion
18. The view of the Scottish Government is that it is in the interests of public protection and good governance that the provisions of the Policing and Crime Bill relating to football banning orders, extradition and proceeds of crime, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.
SCOTTISH GOVERNMENT January 2009
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PARLIAMENTARY BUREAU
LEGISLATIVE CONSENT MEMORANDUM ON THE WELFARE REFORM BILL
1. The attached Legislative Consent Memorandum on the Welfare Reform Bill was lodged on 23 January 2009. 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 Health and Sport Committee for consideration.
Parliamentary Business Team January 2009
LEGISLATIVE CONSENT MEMORANDUM
WELFARE REFORM BILL
Draft Legislative Consent Motion
1. The draft motion, which will be lodged by the Cabinet Secretary for Health & Wellbeing, is:
“That the Parliament agrees that the relevant provisions of the Welfare Reform Bill, introduced in the House of Commons on 14 January 2009, relating to a Right to Control for disabled people, so far as these matters fall within the legislative competence of the Scottish Parliament, should be considered by the UK Parliament.”
Background
2. This memorandum has been lodged by Nicola Sturgeon MSP, Cabinet Secretary for Health and Wellbeing, under Rule 9.B.3.1(a) of the Parliament’s standing orders. The Welfare Reform Bill (“the Bill”) was introduced in the House of Commons on 14 January 2009. The Bill can be found at: http://services.parliament.uk/bills/2008-09/welfarereform.html
Content of the Welfare Reform Bill
3. The main purpose of the Bill is to further reform the welfare and benefit systems to improve support and incentives for people to move from benefits into work, provide greater choice and control for disabled people and encourage parental responsibility by introducing a requirement for births to be registered jointly by both parents.
Provisions which relate to Scotland
4. Part 2 of the Bill relates specifically to the proposals for a Right to Control. The following paragraphs describe those proposals.
These provisions will help to give disabled people control over their lives by legislating for them to have a right to control certain services for which they are eligible, and will allow for the new arrangements to be piloted. Currently, many disabled people do not have the sort of choice and control over their lives that non-disabled people take for granted. In part, this can be explained by the fact that disabled people require public services to a greater extent than non-disabled people. Recent policy developments have focused on addressing this disparity and providing disabled people with greater choice and control.
5. The purpose of the Right to Control provisions is to enable disabled people aged 18 or over to have choice and control over the way certain services are provided to, or for, them by defined public authorities. The provisions consist of a series of regulation- making powers which will enable disabled people to have choice and control over named services they receive – either by discussing and reaching agreement with the authority about how the service could be delivered to them, or by taking an equivalent direct payment. The provisions will allow for these measures to be piloted for a period up to 36 months.
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6. The relevant provisions within the Welfare Reform Bill will enable disabled people to have choice and control over named services they receive. The relevant services relate to:
• The provision of further education
• Facilitating the undertaking of further education or higher education
• The provision of training
• Securing employment
• Facilitating continued employment
• Enabling the disabled person to live independently or more independently in their home
• Enabling the disabled person to overcome barriers to participation in society
7. Community care services and children’s services are excluded services. In particular, community care services as defined by section 5A of the Social Work Services (Scotland) Act 1968 (c.49) and services provided under section 22(1) of the Children (Scotland) Act 1995 (c.36) (promotion of welfare of children in need) are excluded.
Reasons for seeking a legislative consent motion
8. The Right to Control will be delivered through regulations. The provisions include a power to enable the appropriate authority to make regulations which make provision enabling exercise of greater choice and control. In relation to provisions that would be within the legislative competence of the Scottish Parliament if it were included in an Act of that Parliament, the Scottish Ministers are the appropriate authority.
9. The Sewel Convention requires that the Scottish Parliament gives its consent to those aspects of the Bill which legislate for the Right to Control in relation to devolved matters in Scotland (including the provision of regulation-making powers to be exercised by the Scottish Ministers). The Scottish Government believes that it would be appropriate to take advantage of the enabling legislation being promoted at Westminster, while exercising specific responsibility for determining those devolved funds to be eligible for the Right to Control mechanism, through regulations.
Consultation
10. The UK Department of Work and Pensions (“DWP”) consulted on the principle of a Right to Control through their Green Paper “No-one written off: reforming welfare to reward responsibility” in July 2008. The Scottish Government indicated its support for the principle in November and made clear its willingness to work with DWP to simplify the means of disabled people accessing different funding streams designed to support them.
11. The Scottish Government remains supportive of the principle of additional control and choice of services for those with disabilities. This is being taken forward in Scotland through our policy of “self-directed support” which refers to the process of giving individuals the ability to control their own budget for social care. The Scottish
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Government is also keen to extend support to meet healthcare and educational needs. At present, different funding streams have different eligibility criteria and means of monitoring. The Scottish Government intends to work with the UK Government to consider how we could simplify the means of accessing these funds.
12. The Bill as introduced has been developed to provide enabling provisions, creating pilot schemes which will allow the consideration of administrative arrangements and regulation-making powers to set out the detail of the Right to Control schemes proposals. The Scottish Government will consult on the draft Scottish regulations in due course.
Financial Implications
13. The changes to be brought about by the Bill will be limited to affecting the administrative mechanism through which the existing funding streams available to disabled people are delivered. There are consequently no direct financial implications.
Conclusion
14. In summary, these proposals will give disabled people more control over the public funding available to support their inclusion in society, and provide for the Scottish Ministers to bring forward regulations implementing the new arrangements in Scotland.
SCOTTISH GOVERNMENT January 2009
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PARLIAMENTARY BUREAU
PARLIAMENTARY CALENDAR
Introduction 1. This paper outlines possible recess dates, public/privilege holidays and days when the Office of the Clerk will be open for the forthcoming Parliamentary year. The following observes sitting patterns set in previous years and school holidays.
Proposed recess dates
• October recess: 12 October – 25 October 2009. The majority of autumn term school holidays are planned to take place in the weeks beginning 12 and 19 October.
• Christmas recess: 21 December 2009 – 4 January 2010. The recess encompasses public and privilege holidays.
• February recess: 15 February – 21 February 2010. Most February school holidays are planned to take place in the week beginning 15 February 2010.
• Easter recess: 29 March – 11 April 2010. Easter falls on 4 April and the majority of school holidays are planned to take place in the weeks beginning 29 March and 5 April 2010.
Public/privilege holidays
• St Andrew’s day: 27 November 2009
• Christmas and New Year holidays: 24 December (afternoon), 25 December, 28 December 2009, 1 January and 4 January 2010
• Easter weekend: 2 and 5 April 2010
• May day holiday: 3 May 2010
• May bank holiday weekend: 28 and 31 May 2010
Days when the Office of the Clerk will be open 2. Between 1 September 2009 and 31 August 2010, the Office of the Clerk will be open on all days except: Saturdays and Sundays, 27 November 2009, 24 December (pm), 25 and 28 December 2009, 1 and 4 January 2010, 2 and 5 April 2010, and 3, 28 and 31 May 2010.
Recommendation 3. The Bureau is invited to consider and agree the proposed recess dates and schedule of days when the office of the clerk will be open.
Parliamentary Business Team January 2009