SPPA/S5/20/17/A STANDARDS, PROCEDURES AND PUBLIC APPOINTMENTS COMMITTEE AGENDA 17th Meeting, 2020 (Session 5) Thursday 1 October 2020 The Committee will meet at 9.30 am in a hybrid meeting in the Robert Burns Room (CR1) and be broadcast on www.scottishparliament.tv. 1. Decision on taking business in private: The Committee will decide whether its consideration of correspondence relating to public appointments and a consultation on Ministerial Appointments to Public Bodies in Scotland should be taken in private at future meetings. 2. Subordinate legislation: The Committee will take evidence on the Scottish Parliament (Constituencies and Regions) Order 2020 [draft] from— Graeme Dey, Minister for Parliamentary Business and Veterans; Alison Fraser, Legal Directorate, and Kenneth Pentland, Senior Policy Officer, Elections Team, Scottish Government. 3. Subordinate legislation: Graeme Dey to move—S5M-22601—That the Standards, Procedures and Public Appointments Committee recommends that the Scottish Parliament (Constituencies and Regions) Order 2020 [draft] be approved. 4. Sexual harassment and sexist behaviour (in private): The Committee will consider a note by the clerk. 5. Standing Order Rule Changes (in private): The Committee will consider a note by the clerk. 6. Work programme (in private): The Committee will consider its work programme. SPPA/S5/20/17/A Katy Orr Clerk to the Standards, Procedures and Public Appointments Committee Room Tower T3.40 The Scottish Parliament Edinburgh Tel: 0131 348 5239 Email: [email protected] ******************************************* The papers for this meeting are as follows— Agenda item 2 PRIVATE PAPER SPPA/S5/20/17/1 (P) Note by the Clerk SPPA/S5/20/17/2 Agenda item 4 PRIVATE PAPER SPPA/S5/20/17/3 (P) Agenda item 5 PRIVATE PAPER SPPA/S5/20/17/4 (P) Agenda item 6 PRIVATE PAPER SPPA/S5/20/17/5 (P) SPPA/S5/20/17/2 Standards, Procedures and Public Appointments Committee 17th Meeting 2020 (Session 5), Thursday 1 October 2020 SSI 2020/draft: The Scottish Parliament (Constituencies and Regions) Order 2020 Type of Instrument: Draft Affirmative Laid Date: 31 August 2020 Meeting Date: 1 October Minister to attend meeting: Yes Motion for annulment lodged: No Drawn to the Parliament’s attention by the Delegated Powers and Law Reform Committee?: No Reporting deadline: 9 October 2020 Committee consideration 1. The Committee will take evidence from Graeme Dey MSP, Minister for Parliamentary Business and Veterans, and formally consider this instrument today. Purpose 2. The Order gives effect to the recommendations contained in the Report on Interim Review of Scottish Parliament Boundaries at Cardowan by Stepps by the Local Government Boundary Commission for Scotland of March 2020. 3. The report recommends changes to the constituency and region boundary between Glasgow Provan constituency and Coatbridge and Chryston constituency and between Glasgow region and Central Scotland Region. The changes are set out in the map included in the explanatory notes to the instrument. 4. The Order defines the name, status and area of 70 of the 73 Scottish Parliament constituencies and the name and area of each Scottish Parliament region (The Na h- Eileanan an Iar, Orkney Islands and Shetland Islands constituencies are provided fir in schedule 1 to the Scotland Act 1998 as amended by the Islands (Scotland) Act 2018). Other than the changes made to the Glasgow Provan constituency and Coatbridge and Chryston constituency and between Glasgow region and Central Scotland Region, these are the same as provided for by the Scottish Parliament (Constituencies and Regions) Order 2014. The area of each constituency is described in geographical information system data stored on a USB memory stick deposited with the Scottish Ministers. 1 SPPA/S5/20/17/2 5. A copy of the Scottish Government’s Policy Note is included in the Annexe. Delegated Powers and Law Reform Committee (DPLRC) 6. The DPLRC considered this instrument on 8 September 2020. In its report it indicated that it had no points to raise in relation to the Order. Procedure for Affirmative Instruments 7. The draft Order was laid on 8 August 2020 and referred to the Standards, Procedures and Public Appointments Committee. The Order is subject to affirmative procedure (Rule 10.6). It is for the Standards, Procedures and Public Appointments Committee to recommend to the Parliament whether the Order should be approved. The Minister has, by motion S5M-22061 (set out in the agenda), proposed that the Committee recommends the approval of the Order. Decision 8. The Committee must decide whether or not to agree to the motion, and then report to Parliament accordingly, by 9 October 2020. 9. Should the Committee agree to the motion, it is invited to delegate the final approval of a short, factual report on the instrument to the Convener. Katy Orr Clerk Standards, Procedures and Public Appointments Committee September 2020 2 SPPA/S5/20/17/2 Annexe POLICY NOTE The Scottish Parliament (Constituencies and Regions) Order 2020 SSI 2020/XXX This Order is made in exercise of the powers conferred by paragraph 6(5)of schedule 1 to the Scotland Act 1998(1). The instrument is subject to affirmative procedure. This Order sets out the constituencies and regions for the Scottish Parliament and gives effect to the recommendations contained in Interim Review of Scottish Parliament Boundaries at Cardowan by Stepps, between Glasgow Provan constituency and Coatbridge and Chryston constituency and between Glasgow region and Central Scotland region, dated March 2020 Policy Objectives 1. The Local Government Boundary Commission for Scotland (LGBCS) submitted its Interim Review of Scottish Parliament Boundaries at Cardowan by Stepps, between Glasgow Provan constituency and Coatbridge and Chryston constituency and between Glasgow region and Central Scotland region, to Scottish Ministers on 17 March 2020. 2. Under the Act, Ministers are required, “as soon as practicable” after submission of the report, to lay before Parliament the report and the draft of an Order in Council for giving effect to the recommendations contained in the report. 3. The recommended changes address a misalignment between council area boundaries and Scottish Parliament boundaries which has arisen since the council area boundaries were redefined in 2018. Background 4. In April 2018 LGBCS completed an administrative area boundary review of the boundary between Glasgow City and North Lanarkshire council areas, focussing on the boundary at Cardowan by Stepps. In its report, the Commission recommended amendments which transferred an area from Glasgow City ward 21 (North East) to North Lanarkshire ward 5 (Stepps, Chryston and Muirhead) in order to effect the Commission’s view that there is a clear advantage for the effective planning and delivery of local services in putting the complete Cardowan housing development area in a single local authority. Scottish Ministers made an Order in October 2018 (SSI 2018/308) giving effect to those recommendations. (1) 1998 c.46. Schedule 1 was substituted by section 1 and paragraph 1 of schedule 1 of the Scottish Parliament (Constituencies) Act 2004 (c.13). Paragraph 3 of schedule 1 was amended by section 8 of the Scotland Act 2016 (c.11) and section 18(1)(b) of the Islands (Scotland) Act 2018 (asp 12). 3 SPPA/S5/20/17/2 5. The result of Order SSI 2018/308 is that the Scottish Parliament constituency and region boundary in the vicinity of Cardowan by Stepps differs from the boundary between Glasgow City and North Lanarkshire council areas. The difference affects 319 electors. Report recommendations and effect of the Order 6. The report recommends changes to the Scottish Parliament boundaries for Glasgow Provan and, Coatbridge and Chryston constituencies and Glasgow and Central Scotland regions to align with council area boundaries. An indicative map of the changes being made to these constituencies and regions is included in the explanatory note. 7. The Order defines the name, status and area of 70 of the 73 Scottish Parliament constituencies and the name and area of each Scottish Parliament region. (The Na h-Eileanan an Iar, Orkney Islands and Shetland Islands constituencies are not included in the Order because schedule 1 to the Scotland Act 1998 (“the 1998 Act”), as amended by the Islands (Scotland) Act 2018, provides for them directly). Other than the changes made to the Glasgow Provan constituency and the Coatbridge and Chryston constituency and between Glasgow region and Central Scotland region, the constituencies and regions are the same as provided by the Scottish Parliament (Constituencies and Regions) Order 2014. Consultation 8. Full details of LGBC’s consultation can be found in the report published on their website: https://lgbc-scotland.gov.uk/reviews/review-scottish-parliament-boundaries- cardowan-stepps. The Commission hosted a public consultation via its online consultation hub. Twenty-five representations were received during the one month period of public consultation. Responses were generally in favour of the Commission’s proposals with 15 responses in support, seven opposed and three responding “don’t know”. The Commission carefully considered all of the representations received at its meeting of 10 December 2019. The Commission concluded that it should adopt its initial proposals as its final recommendations for the boundary between Glasgow Provan constituency and Coatbridge and Chryston constituency, and the Scottish Parliament region boundary between Glasgow region and Central Scotland region at Cardowan by Stepps. Impact Assessments 10. Impact assessments have not been produced for this instrument as no significant, impact on protected characteristics or on the private, voluntary or public sectors is foreseen. Scottish Government Constitution and Cabinet Directorate August 2020 4 .