Sppa/S4/13/7/A Standards, Procedures and Public

SPPA/S4/13/7/A

STANDARDS, PROCEDURES AND PUBLIC APPOINTMENTS COMMITTEE

AGENDA

7th Meeting, 2013 (Session 4)

Thursday 9 May 2013

The Committee will meet at 9.30 am in Committee Room 6.

1. Decision on taking business in private: The Committee will decide whether to take item 6 in private.

2. Cross-Party Group: The Committee will consider an application for recognition from the proposed Cross-Party Group on Accident Prevention and Safety Awareness and take evidence from—

Clare Adamson, Convener of the proposed Cross-Party Group on Accident Prevention and Safety Awareness.

3. Cross-Party Group: The Committee will consider a change of purpose for the Cross-Party Group on Drug and Alcohol misuse.

4. Cross-Party Group approval: The Committee will decide whether to accord recognition to the proposed Cross-Party Group on Accident Prevention and Safety Awareness.

5. Annual report: The Committee will consider a draft annual report for the parliamentary year from 11 May 2012 to 10 May 2013.

6. Work programme: The Committee will consider its work programme.

Gillian Baxendine / Alison Walker Clerks to the Standards, Procedures and Public Appointments Committee Room TG.01 The Scottish Parliament Edinburgh Tel: 0131 348 5239 Email: [email protected] SPPA/S4/13/7/A

The papers for this meeting are as follows—

Agenda item 2

Note by the clerk SPPA/S4/13/7/1

Agenda item 3

Note by the Clerk SPPA/S4/13/7/2

Agenda item 5

Annual Report SPPA/S4/13/7/3

Agenda item 6

PRIVATE PAPER SPPA/S4/13/7/4 (P)

SPPA/S4/13/7/1

Standards, Procedures and Public Appointments Committee

7th Meeting 2013 (Session 4), Thursday 9 May 2013

Cross-Party Group Application

Introduction

1. In accordance with the provisions on Cross-Party Groups (CPGs) set out in section 6 of the Code of Conduct (the Code), proposals for the establishment of CPGs in the Scottish Parliament must be submitted to the Standards, Procedures and Public Appointments Committee for its approval.

2. The provisions referred to in this note relate to Volume 2, Section 6, of the Code of Conduct.

3. There is one proposed Group for the Committee’s consideration.

Proposed CPG on Accident Prevention and Safety Awareness

4. The registration form submitted by the proposed CPG on Accident Prevention and Safety Awareness is attached at Annexe A to this note.

Consideration by the Standards, Procedures and Public Appointments Committee 5. 6.3.10 of the Code states “….As part of its consideration, the Standards, Procedures and Public Appointments Committee will invite one of the proposed Group’s MSP office bearers (usually the Convener) to attend a meeting to explain the justification for the proposed Group.” Clare Adamson MSP has been invited to the meeting to discuss registration of the proposed Group.

Purpose 6. 6.3.11 of the Code states “the Committee will pay particular attention to a proposed Group’s purpose. If the Committee considers that a Group is being proposed not in the public interest but, for example, to further particular commercial interests, the Group will not be accorded recognition. The Committee will also consider whether the purpose of a proposed Group overlaps the remit of an existing Group. The proposed Group will be asked to provide justification as to why its aim could not effectively be achieved within the existing Group”. The purpose of this proposed group is—

“To promote all aspects of safety through safety awareness and accident prevention.”

Membership 7. 6.4.1 requires group membership to include at least five MSPs, with at least one MSP from each of the parties or groups represented on the Parliamentary Bureau. The Committee has previously agreed that there should be a general waiver of this Rule in the current Session in relation to groups having a Liberal Democrat member or a member of the Green/Independents Group.

SPPA/S4/13/7/1

8. The MSP membership (by party) of the proposed CPG is as follows—

 1 Scottish Conservative and Unionist Party  1 Scottish Green Party  1 Scottish Labour Party  1 Scottish Liberal Democrats  2 Scottish National Party

9. 6.4.2 entitles groups to contain members from outwith the Parliament, but states that the overall membership of the CPG should be Parliamentary in character. This Group has listed one non-MSP member in the individual category and five in non-MSP member organisations.

10. There is also a list of suggested, additional, non-MSP members, attached at Annexe B, which the Royal Society for the Prevention of Accidents (ROSPA) has compiled. It is the intention of Clare Adamson or ROSPA, if the Group is approved, to approach these organisations and invite them to be members of the Group. Clare Adamson MSP preferred that the Group was established before inviting any further non-MSP members to join the Group.

Office Bearers 11. 6.4.3 requires one MSP to be Convener of the Group and at least one other MSP office bearer. The proposed group meets this requirement: Clare Adamson MSP is the Convener and James Dornan MSP is the Deputy-Convener.

Financial Benefits and Subscription 12. The registration form shows the details of any financial benefits that the proposed Group expects to receive.

13. The registration form indicates that the proposed group would not charge a subscription for members.

Next Steps

14. Under agenda item 2 the Committee is invited to discuss any aspects of the application for recognition of the proposed Cross-Party Group on Accident Prevention and Safety Awareness with Clare Adamson MSP. Then under agenda item 4 the Committee will discuss whether to accord recognition to the proposed Group.

Standards, Procedures and Public Appointments Committee May 2013

ANNEXE A

CROSS-PARTY GROUP REGISTRATION FORM

NAME OF CROSS-PARTY GROUP

Cross-Party Group on Accident Prevention and Safety Awareness

PURPOSE OF THE GROUP AND PROPOSED DISCUSSION TOPICS 1. Please provide a brief explanation of the purpose of the Group and why the purpose is in the public interest. 2. Please also provide details of any overlaps with the purpose of existing Cross-Party Groups and an explanation of why, regardless of any such overlap, the Group should be established. 3. Please also provide an indication of the topics which the Group anticipates discussing in the forthcoming 12 months. The purpose of the Group has been agreed as: “To promote all aspects of safety through safety awareness and accident prevention”.

The Group will meet four times per year and agendas will include presentations and related question and answer sessions along with previously agreed topic items. An initial topic will be on burns accidents and the Convener will invite Erin McNeill, burns victim and spokesperson for the Red Cross to speak at the first meeting.

The Group is in the public interest because there is still, in Scotland, considerable loss of life and injury attributable to preventable accidents, including accidents in the home. This Group seeks to promote and facilitate collaboration between agencies and individuals with an interest in this area to the purpose outlined.

There is no known overlap with any other Cross Party Group other than that the CPG Cycling does some work on road safety for cyclists.

MSP MEMBERS OF THE GROUP Please provide names of all MSP members of the Group. Note that only names need to be provided, no party designation or other information is required. Clare Adamson MSP James Dornan MSP Alison Johnstone Jim Hume MSP David Stewart MSP Liz Smith MSP

ANNEXE A

NON-MSP MEMBERS OF THE GROUP For organisational members please provide only the name of the organisation, it is not necessary to provide the name(s) of individuals who may represent the organisation at meetings of the Group.

Organisations Clare Adamson MSP has had personal contact with the following organisations who have agreed to be members: Royal Society for the Prevention of Accidents (ROSPA) Electrical Safety Council St Andrews Ambulance Association Scottish Accident Prevention Council Scottish Hazards Campaign

Individuals Lis Bardell (Parliamentary Assistant to Clare Adamson MSP)

GROUP OFFICE BEARERS Please provide names for all office bearers. The minimum requirement is that two of the office bearers are MSPs and one of these is Convener – beyond this it is a matter for the Group to decide upon the office bearers it wishes to have. It is permissible to have more than one individual elected to each office, for example, co-conveners or multiple deputy conveners.

Convener Clare Adamson MSP

Deputy Convener James Dornan MSP

Secretary Elizabeth Lumsden (ROSPA)

Treasurer To be confirmed

FINANCIAL BENEFITS OR OTHER BENEFITS Please provide details of any financial or material benefit(s) the Group anticipates receiving from a single source in a calendar year which has a value, either singly or cumulatively, of more than £500. This includes donations, gifts, hospitality or visits and material assistance such as secretariat support.

The benefit of ROSPA providing the secretariat to the Group and, for support to 4 meetings per year, is estimated will come to the notional amount of £2,176.

This in kind cost of £2176 is an estimate referring to eight days (at £272 per

ANNEXE A day) of the ROSPA worker’s time over a year to both support and attend the meetings (ie four days to attend four meetings and one day to ‘support’ each of them (eg preparing and distributing agendas and minutes, time for phone calls, emails, liaison with members etc.)

The daily cost of £272 is worked out by including all the costs to ROSPA involved in employing the staff member such as: salary, national insurance, car allowance, heating, lighting, rent (and other office costs etc) as well as central admin services (eg accounts, IT, HR, website, information centre etc). SUBSCRIPTION CHARGED BY THE GROUP Please provide details of the amount to be charged and the purpose for which the subscription is intended to be used.

None

CONVENER CONTACT DETAILS

Name Clare Adamson MSP Email: [email protected]

Parliamentary Room M4.10 address Scottish Parliament

Telephone 0131 348 6376 number

STATEMENT ON COMPLIANCE WITH THE CODE OF CONDUCT

I declare that the Cross-Party Group on Accident Prevention and Safety Awareness is constituted and will comply with the terms of Section 6 of the Code of Conduct for Members of the Scottish Parliament.

Signed Clare Adamson MSP

Date 17th April 2013

ANNEXE B

Suggested membership list for the Cross Party Group on Accident Prevention and Safety Awareness.

Chartered Institute of Housing Consumer Focus Scotland CoSLA Fire Brigade Union National Union of Students Scottish Association of Landlords Scottish Association of Student Residential Accommodation Scottish Federation of Housing Associations Scottish Land Estates Royal Institutes of Chartered Surveyors Scottish Property Federation Shelter Scotland Association of Local Authority Chief Housing Officers Association of Directors of Social Work Energy Action Scotland Citizens Advice Scotland SOLACE Home Safety Scotland Scotland’s Fire and Rescue Service – Community Safety Lead Scottish Child Minding Association British Blind and Shutter Association Dbda BRE Brian topping SAPC Care and Repair Scotland Building Standards Division, Scottish Government CMO, Public Health and Sport Directorate, Scottish Government Home Start Prof David Stone, Yorkhill Hospital Dr Tom Beattie, Edinburgh Royal Hospital for Sick Children Scottish Community Safety Network Injury Observatory for Britain and Ireland St Andrews Ambulance Children in Scotland Child Accident Prevention Trust Kid Rapt Neighbourhood Watch Scotland Scottish Burned Children’s Club REHIS Smart Play Network The Wise Group Electrical Safety Council Dynamic Initiatives Network Rail ScotPHO Scottish Pre-School Play Association

ANNEXE B

Society of Chief Trading Standards Officers in Scotland Chief Medical Officer Scotland’s Commissioner for Children and Young People RNLI National Water Safety Forum Scottish Resilience, Scottish Government Mountaineering Council for Scotland Scottish Mountain Safety Forum British Swimming Canoe Scotland Scottish Water Healthy Working Lives Society of Chief Officers of Environmental Health Union of Construction Allied trades and Technicians Confederation of British Industry Scotland’s Business in the Community Scottish Hazards Campaign Group HSE Scotland Scottish Council for Voluntary Organisations Scottish Trades Union Council Institution of Occupational Safety and Health SELECT Scottish Chamber of Safety Transport Scotland ACPOS Road Policing IRSO Minister for Transport and Veterans Road Safety Scotland Cycling Policy Manager, Scottish Government Sustainable Transport Team Cycling Scotland Learning Directorate, Scottish Government Go Safe Glasgow Crown Office and Procurator Fiscal Service Scottish Safety Camera Partnership Scottish Youth Parliament Society of Chief Officers of Transportation in Scotland Association of British Insurers

SPPA/S4/13/7/2

Standards, Procedures and Public Appointments Committee

7th Meeting 2013 (Session 4), Thursday 9 May 2013

Cross-Party Group – change of purpose of the Cross-Party Group on Drug and Alcohol Misuse

Introduction

1. The Convener has received a letter from Kezia Dugdale MSP to propose a change to the purpose of the Cross-Group on Drug and Alcohol Misuse.

2. For the Committee’s information this letter is attached at the annexe to this paper.

3. Section 6.3.7 of the Code of Conduct states that “…..Any proposal to change the name or purpose of the Group must be drawn to the attention of the Standards, Procedures and Public Appointments Committee which will consider the proposed change and decide whether to continue to accord recognition to the Group.”

4. The current purpose of the Cross-Party Group on Drug and Alcohol Misuse is—

 “Aims to examine the current policy and practice in responding to drug misuse in Scotland and to advise on and promote the development of realistic, evidence-based responses, which could assist in the reduction of the damaging consequences of drug misuse in Scotland.”

5. The Group proposes the purpose—

 “Aims to examine the current policy and practice in responding to drug and alcohol misuse in Scotland and to advise on and promote the development of realistic, evidence-based responses, which could assist in the reduction of the damaging consequences of drug and alcohol misuse in Scotland.”

6. As members will see from Kezia Dugdale MSP’s letter this was due to an administrative error when the Group was accorded recognition in September 2011.

Next steps

7. The Committee is invited to consider whether to approve the proposed change of purpose to the Cross-Party Group on Drug and Alcohol Misuse.

Standards, Procedures and Public Appointments Committee May 2013

SPPA/S4/13/7/2

Dave Thompson MSP Convener of Standards, Procedures and Public Appointments Committee Scottish Parliament Edinburgh EH99 1SP

Our ref: KS-03/05/13 03 May 2013

I write to seek consent to put the word ‘alcohol’ back into the purpose of the Cross Party Group for Drugs and Alcohol.

At present the groups’ purpose is:

“Aims to examine the current policy and practice in responding to drug misuse in Scotland and to advise on and promote the development of realistic, evidence-based responses, which could assist in the reduction of the damaging consequences of drug misuse in Scotland.”

This is due to an administrative error on my part back in September 2011. The purpose of the Group has always been to address drug and alcohol issues in Scotland. I would therefore be grateful if the Committee would consider the following change and continue to accord recognition to the group.

“Aims to examine the current policy and practice in responding to drug and alcohol misuse in Scotland and to advise on and promote the development of realistic, evidence-based responses, which could assist in the reduction of the damaging consequences of drug and alcohol misuse in Scotland.”

I look forward to hearing from you.

Kind regards,

Kezia Dugdale MSP

SPPA/S4/13/7/3

Standards, Procedures and Public Appointments Committee

Draft Annual Report 2012-13

The Committee reports to the Parliament as follows—

Introduction

1. This report covers the work of the Standards, Procedures and Public Appointments Committee during the parliamentary year from 11 May 2012 to 10 May 2013.

Inquiries and Reports

Parliamentary reform – final report 2. The Committee produced its final report on parliamentary reform in May 2012, outlining the standing order rule changes arising from the inquiry, including the introduction of a new topical question time. These rule changes were agreed by the Parliament on 6 June 2012. The changes, including a new sitting pattern, came into effect in September 2012.

Code of Conduct 3. During this Parliamentary year, the Committee carried out a review of the rules in the Code of Conduct for Cross-Party Groups in the Parliament. The Committee took evidence from a number of witnesses, including members of Cross-Party Groups and examined comparative evidence from other Parliaments.

4. In its report on the review, the Committee recommended a number of rule changes which aim to deliver robust regulation that will allow the Cross-Party Group system to prosper and continue to reflect the key principles of openness and transparency that are an essential part of the Scottish Parliament. The recommended rule changes were agreed by the Parliament on 23 January 2013.

5. The Committee also reviewed section 7 of the Code of Conduct, which relates to general conduct and made a number of recommendations to ensure that these rules remain relevant, appropriate, clear and enforceable. These rule changes were agreed by the Parliament on 23 January 2013.

Rule changes arising from the Scotland Act 2012 6. The legal framework for electing the Presiding Officer and Deputy Presiding Officers is set out in the Parliament’s founding legislation, the Scotland Act 1998.

1 SPPA/S4/13/7/3

Last year the Scotland Act 2012 made some amendments to the original act including in relation to Presiding Officer elections.

7. The Scotland Act changes need to be reflected in the Parliament’s standing orders. At the start of this Session, the Committee received representations suggesting that it should review the procedures for Presiding Officer elections. As this part of the standing orders has not been reviewed since 1999, the Committee decided to take a broad look at the rules to make sure they are still fit for purpose. The Committee issued a call for evidence which closes on 24 May 2013.

8. The Committee has reported on other rule changes arising from the Scotland Act, including the requirement for all bills to have legislative competence certificates on introduction and rule changes on membership of the SPCB (to allow the number of SPCB members to be varied at the beginning of a session).

Scottish Law Commission Bills 9. The Committee agreed to include in its work programme consideration of possible procedural changes to improve the implementation rate of Scottish Law Commission reports. A Scottish Parliament/Scottish Government working group considering this issue produced a report in July 2012. The report was referred to the Committee for consideration by the Parliamentary Bureau on 27 November 2012.

10. The Committee agreed that Scottish Law Commission Bills, which meet certain criteria, should be referred to the Subordinate Legislation Committee for consideration. The Committee also agreed that the name of the Subordinate Legislation Committee should be changed to the Delegated Powers and Law Reform Committee reflect its new responsibility. These changes have still to be agreed by the Parliament.

Post-Legislative Scrutiny 11. The Committee heard evidence on post-legislative scrutiny from a number of witnesses during its inquiry into parliamentary reform, and some reasonably clear views emerged from this evidence. The concept of post-legislative scrutiny was widely supported, as improving the scrutiny function of the Parliament and the legislative process. The Committee has launched an inquiry on post-legislative scrutiny and received many informative responses to its call for written evidence. The Committee is currently considering possible approaches and expects to conclude this inquiry in autumn 2013.

Bills

Members’ Interests 12. The Scotland Act 2012 includes provisions that enable the Scottish Parliament to amend the provisions for its members’ interest regime within its own legislation. The Committee has drafted a consultation paper on the issues which was issued in April 2013. The Committee will consider responses to the consultation in the autumn with a view to bringing forward a Committee Bill to amend the Interests of Members of the Scottish Parliament Act 2006.

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Commissioners

Public Appointments Commissioner for Scotland 13. The Public Appointments Commissioner issued a consultation on 30 August 2012 on possible revisions to the Code of Practice for Ministerial Appointments to Public Bodies in Scotland, including succession planning and reappointments. The Committee took evidence from the Commissioner on 25 October 2012 and reported to the Parliament on the consultation in November 2012.

Public Standards Commissioner 14. The Committee did not receive any complaint reports from the Public Standards Commissioner this year.

Equalities

15. Over 1,000 organisations and 1,000 individuals engage with MSPs through the work of Cross-Party Groups. There are currently over 80 Cross-Party Groups and the vast majority of MSPs are members of these Groups. The Committee approached its inquiry on Cross-Party Groups with a view to ensuring that these Groups are transparent and open. The Committee encouraged the provision of information on the operation of Groups to make them as accessible as possible. This included the provision of workshops on the operation of Groups by the clerking team and the production of best practice guidance which is available on the Cross-Party Group webpage.

Meetings

16. The Committee met 17 times during the parliamentary year. Of these meetings, 15 were partly in private and two were completely in private.

17. The items considered in private included the Committee’s work programme, consideration of draft Committee reports and approaches to the Committee’s inquiries.