Scottish Churches Parliamentary Office, Edinburgh - Briefing One

Email SCPO

Parliamentary Officer:Rev Graham Blount
Phone:
0131 558 8137

Briefing Document No 1 - May 1999 - Page 3 of 4

Singing the Lord's Song in a New Scotland - Continued.

Extra responsibility and greater accessibility will also mean increased pressures. The churches have contributed to discussion of a Code of Conduct for MSPs (and for those who "lobby" them). While welcoming much of what is proposed by way of rules of appropriate behaviour, the churches have argued for a Code with more of an aspirational vision of the role of an MSP. Christian traditions have recognised and valued the calling of those who seek public office, and would therefore want to uphold that alongside our critical engagement with them. One aspect of this would be to hope that the offer of a multi-faith chaplaincy/pastoral support team is accepted by the Parliament.

CSG Report
The Consultative Steering Group adopted the following key principles for its work, and therefore for the planned procedures of the Parliament:
The Scottish Parliament should embody and reflect the sharing of power between the people of Scotland, the legislators and the Scottish Executive;
The Scottish Executive should be accountable to the Scottish Parliament, and the Parliament and Executive should be accountable to the people of Scotland;
The Scottish Parliament should be accessible, open, responsive and develop procedures which make possible a participative approach to the development, consideration and scrutiny of policy and legislation; and
The Scottish Parliament in its operation and its appointments should recognise the need to promote equal opportunities for all.

While it is not certain that Parliament will adopt the procedures outlined by the CSG and currently being translated into Standing Orders, it would be hard for the newly-elected MSPs to run completely contrary to these. What follows here takes a brief look at some of these proposals with a view to how the churches and others may contribute to the new process.

Committee System
Strong Committees, whose convenership and make-up must reflect the party balance in the Parliament as a whole, are at the heart of the new Parliamentary process. With remits intended to reflect the need for "joined-up" thinking (avoiding rigid departmental boundaries), these Committees will combine the functions of Westminster's Standing and Select Committees and will, crucially, be able to initiate legislation independently of the Executive. Whether they will succeed in maintaining that independence remains to be seen, but it is certainly hoped that they will be able to assert the power of the Parliament over against the Executive. In this, the role of the Business Committee, chaired by the Presiding Officer (Speaker), may be vital in ensuring that the Executive does not control the allocation of time or selection of topics for debate.

Committees represent an important dimension of public access and participation. They will be encouraged to hold meetings outwith Edinburgh (some may be normally based, with staff, in other parts of the country) and to make use of relevant expertise through the possibilities of involving non-MSPs (as non-voting members) and of appointing expert panels (a procedure adopted by the CSG itself). As well as Conveners, Committees may (following a European pattern) have "Reporters" to ensure their input into the full Parliament; they may well be important channels for participation.

Legislative Process
The procedure for enacting legislation is designed to ensure meaningful consultation at an early stage. An intention to legislate on a particular topic (or in response to a particular problem) must be followed by consultation of relevant bodies and people (especially those most affected) before proposals are formulated. Any proposal for legislation - whether from the Scottish Executive or from a Committee - must be accompanied by an account of who has been consulted, as well as why the chosen path has been adopted. If not satisfied, Parliament can demand further consultation before proceeding to debate the proposal.

There is also a procedure for public petitions. Petitions which deal with matters within Parliament's competence must be received and responded to by a Committee of the Parliament, although there is no provision (as in some parts of Europe) whereby a petition with sufficient signatures can force the holding of a referendum.