Legislative Programme 2001-02

7. Marriage (Scotland) Bill (to be introduced October 2001)

The aim of this Bill is to give couples who wish to have a civil marriage more choice in the venue for their wedding, by permitting civil marriages to be solemnised at locations other than registration offices. It will give local councils the power to approve specific sites as venues for civil marriages, as long as they preserve the dignity of the marriage ceremony and the clear distinction between a civil and religious marriage. The Bill would have no bearing either upon religious marriages or any other aspects of marriage law. The Minister for Justice has also given an indication to the Justice 2 Committee that once this Bill has been operational for long enough, the question of Humanist and other secular ceremonies will also be open for examination.

8. Scottish Local Government (Elections) Bill (introduced 5 October)

Future local government and Scottish Parliament elections will be combined through this Bill extending the term for councils to four years, which it is claimed "will help councils to plan ahead and to deliver their policy priorities more effectively". (The local government elections in May 1999 achieved a turnout of 59% –against a backdrop of turnout between 41% and 48% from 1976 to 1995.)

The principle of holding local and Scottish elections on the same day has been questioned, as leading to local issues being submerged beneath national politics. The McIntosh Report recommended that the elections be held at the mid point of the Parliamentary term. However the Executive decided that the larger turnout which could be achieved from simultaneous elections was the most important issue. They have made an undertaking to ensure that in 2003 there is equal publicity given to the local and Parliamentary elections. The Bill is not expected to implement the Executive’s commitment to introducing proportional representation for local government.

9. Local Government Bill (to be introduced Spring 2002)

This Bill will have three core measures: (a) It will give local authorities a "power of well-being" to allow them to work in more innovative ways to deliver services people want and need. Instead of being limited to activities set out in legislation, councils will able to do anything which promotes the well-being of their area. (b) Linked to the power of well-being is the active encouragement of local authorities to work in partnership with other bodies and with the active engagement of the communities they are serving - community planning; this is intended to overcome the fragmented landscape of public policy and service delivery. (c) Central to the legislative proposals is the introduction of a duty of Best Value on local authorities; this will replace compulsory tendering.

10. Protection of Children Bill (to be introduced early in 2002)

This will establish an index of adults unsuitable to work with children. Adults who are on this index and try to breach the guidelines will face either an unlimited fine or up to 5 years in prison. It will become compulsory for state-regulated organisations such as schools, nursery schools, after school clubs, hospitals etc to check the index if they want to employ someone to work with children; other organisations will be able to check information. Safeguards are to be contained in the process of gathering evidence before anyone is included on the index and an individual concerned will be able to make representations, with an appeals procedure thereafter.