|
SCPO Briefing Paper 4/8
The Last Lap
The session from
September 2002 until the end of March 2003 will be the last session of the
current Scottish Parliament; with the election due in May 2003, there is
likely to be more inter-party point scoring than usual but there is also a
fair amount of legislative and other business to be dealt with. This
briefing looks at the Executive's legislative programme announced by Jack
McConnell, along with other legislation currently "in process" or
likely.
(A) Executive Legislative Programme
- Agricultural Holdings Bill
Building on a
draft which has just completed consultation, this brings together land
reform and rural and agricultural development agendas. The proposals aim to
encourage "new blood and new ideas" in agricultural life by
tenancy options which will offer "new opportunities for tenants to
manage and use the land they rent flexibly and in diverse ways". Since
the Bill reflects consensus between landowning and farming interests, much
of it is likely to be uncontroversial but there is heated debate about the
likely inclusion of a pre-emptive right to buy for tenant farmers when
landowners sell agricultural land.
Building Bill
Also claimed as
reflecting a commitment to sustainability, this Bill is intended to
"make the building control system more responsive to public and
industry needs". The main thrust is towards consistency in the
application of regulations across Scotland. It will also include new powers
for local authorities to act on dangerous buildings.
Homelessness Bill
This will bring
recommendations for legislation arising from the Homelessness Task Force's
final report. It is expected to include recommendations (a) that the
categorisation of homeless people as in "priority need" be removed
within a decade via a gradual widening of the definition (seen as an
extension of rights) (b) replacement of the current duty placed on local
authorities to investigate whether an applicant has become homeless
intentionally with a discretionary power to do so and replacement of the
duty on local authorities to secure intentionally homeless people temporary
accommodation with a duty to ensure that such applicants are offered a short
Scottish secure tenancy and appropriate support to ensure they can maintain
that
tenancy (to "encourage
a more long-term effort to resolve the problems that underlie cases of
intentional homelessness"), and (c) the suspension of the
provisions relating to local connection (although the Scottish Parliament
would have the power to re-activate these provisions). These proposals have
been warmly welcomed by the Scottish Churches Housing Agency, Shelter and
CoSLA, though all stress the need for matching resources to make them
effective.
Mental Health Bill
This Bill has
been published in draft form, building on a lengthy process which includes
the Millan Committee proposals for a whole new statutory framework for
mental health care. Millan recommended that legislation should include
provision for people whose health and wellbeing is at risk, protection of
vulnerable people from exploitation and abuse, protection of the public from
those who may pose a risk to others, provision for decision making on behalf
of those who are not able to act on their own behalf, a framework for the
provision of appropriate services, arrangements to monitor the quality of
such services and promote good practice, and procedures for redress and
appeal for those who are
dissatisfied with their care. Although there is broad consensus built up
over these consultations, there have been some concerns raised about aspects
of the compulsory care provisions of the draft Bill.
Protection of Children Bill
Promised for
autumn 2002 as repaying "a debt that we owe to the people of Dunblane",
this Bill will establish an index of adults unsuitable for working with
children – in youth organisations, education, leisure and care services
– and will exclude them from doing so. It is part of an ongoing process of
child protection in which the churches have played a significant and ongoing
part.
Budget Bill
There will
also be the annual Budget Bill for 2003-04, again the subject of a
consultation process which Parliament's Finance Committee has welcomed as
much more accessible than in previous years.
(B) Bills Currently Before Parliament
- Criminal Justice (Scotland) Bill
See SCPO
Briefing Paper 4/5; this is currently at Stage 1 with the Justice 2
Committee having heard evidence and likely to publish a Stage 1 report
shortly after the recess. Donald Gorrie will table amendments to this Bill
to make religious hatred and sectarianism aggravating factors in existing
offences.
Debt Arrangement and Attachment (Scotland) Bill
This replaces
poindings and warrant sales with "exceptional attachment orders"
and makes provision for a debt arrangement scheme (although the detail of
this is still under consultation); a "Debt on our Doorstep"
submission on this Bill is available from SCPO. The Social Justice
Committee, which declined to hear evidence from people with personal
experience of debt problems, should complete its Stage 1 report in the early
autumn.
Dog Fouling (Scotland) Bill
Evidence on this
Member's Bill (by Keith Harding) will be heard by the Local Government
Committee at the end of October. However, Jack McConnell offered to work
with any MSPs who had ideas to offer on "issues that plague the lives
of people across Scotland": including vandalism, graffiti,
neighbourhood disputes and litter on their streets (building on this
Member's Bill and others which had been suggested on litter, etc).
Land Reform (Scotland) Bill
Discussed in its
draft form in SCPO Briefing Paper 3/9, this covers rights of responsible
access, community right to buy and a crofting community right to buy. This
is currently being examined in detail, and amended, by the Justice 2
Committee at Stage 2.
Local Government in Scotland Bill
This Bill,
currently before the Local Government Committee at Stage 1, seeks to tackle
disenchantment with local democracy by giving councils a power of general
competence or "well-being" – a "can-do power to promote and
improve the well-being of their area as long as it is not restricted by
legislation"; the Bill also provides a statutory basis for Community
Planning (in which councils will work with community and other bodies to
plan and deliver services) and creates a duty of "best value"
(which has already replaced compulsory competitive tendering as the key
principle in service delivery, monitored by the Accounts Commission).
Proportional Representation (Local Government Elections) (Scotland) Bill
This was lodged
by the Tricia Marwick of the SNP just before the recess, mainly with the aim
of exploiting tensions in the Executive coalition on proportional
representation. In May, the First Minister said "After the summer we
will set out our intentions in relation to legislation and the future
governance of local authorities"; but this will not lead to legislation
before the Parliamentary election.
Public Appointments and Public Bodies etc. (Scotland) Bill
The Local
Government Committee is currently hearing evidence on this Bill which will
establish a Commissioner for Public Appointments in Scotland "to
oversee the public appointment system and promote diversity in public
appointments"; it will also abolish six quangos.
Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill
This is the
Parliament's first Private Bill, introduced on 27 June. "Private Bills
are brought forward by outside individuals or organisations who seek
Parliament's legal approval to carry out a specific function" In this
case) the outside promoters (TXU Energi) seek Parliament's approval to
curtail navigation and fishing rights in and around a new wind farm in the
Solway Firth, which proposes to have sixty wind turbines located in offshore
waters; the Bill is also seeking to apply exclusion zones around the Wind
Farm. Private Bills have their own distinct procedure and a Private Bill
Committee of 5 MSPs (from outwith the affected area) will be set up to
consider and report to the Parliament on the Bill.
Title Conditions (Scotland) Bill
This Bill aims
to "achieve greater clarity in property law and reduce the number of
outdated conditions on land by making it easier to discharge or vary
them". It will complete the abolition of feudal land tenure in Scotland
and provide a modern and simplified framework for property ownership in
Scotland. The Justice 1 Committee will start hearing evidence on this in
September.
Tobacco Advertising and Promotion (Scotland) Bill
Nicola
Sturgeon's Member's Bill to ban tobacco advertising (by) was discussed by
the Health and Community Care Committee on 20 March, but has made no
progress since then. It may be overtaken by UK legislation in Westminster.
Water Environment and Water Services (Scotland) Bill
The Transport
and the Environment Committee will hear evidence on this Bill after the
recess
(C) Other Possible Bills
- Prostitute Tolerance Zones Bill
Margo MacDonald,
having completed consultation on this Bill (which would enable local
authorities to designate areas within their boundaries inside which it would
be legal to solicit), is now finalising drafting and will table the Bill
immediately after the recess
Commissioner for Children and Young People Bill
The Education
Culture and Sport Committee have been discussing this for some time and
have recently produced a report outlining the case for such a Committee
Bill. The primary role of the Commissioner will be to promote and
safeguard the rights of children and young people. In doing so, the
Commissioner will have regard to the relevant provisions of the United
Nations Convention on the Rights of the Child. It is intended that the
Bill will establish the office of Commissioner and provide for the detail
of the fundamentals of the post, including the Commissioner's powers,
remit etc. They hope to have a Bill discussed next session; with Executive
support this is likely to be passed.
(D) Draft Bills and White Papers
- Family Law
A White Paper
two years ago proposed a package of changes to family law on (a) parental
responsibilities and rights for unmarried fathers and for step-parents (b)
matrimonial interdicts (domestic abuse) (c) quicker divorces (d) a strategy
for supporting "families in transition" (mediation services) (e)
some "tidying up" of marriage law (f) financial provision for
cohabitants. A draft Bill is promised which will take some of these
proposals forward in light of the earlier consultation responses and will
also include any additional legislative provision needed in light of the
Executive's – still ongoing – adoption review; it will appear "when
our approach to these areas is fully co-ordinated".
Nature Conservation
Jack McConnell
promised to bring forward a draft Bill on nature conservation for
consultation in the spring of next year, although provisions to tackle
wildlife crime will be inserted in the current Criminal Justice Bill.
Crofting Reform
This White
Paper, with a modernised legal framework for crofting, has now been
published for consultation, including "the empowerment of individual
crofters and the removal of restrictive bureaucracy"; concern has been
expressed that these mean a two-tier crofting with new crofters not enjoying
the same rights as existing crofters
Health Reform
Following the
commitment to a massive increase in health spending, a White Paper is
promised "to ensure that major investment produces maximum
benefit" by putting "flexibility, choice and primary care at the
centre of our health service".
Children with Additional Support Needs
The Executive
are developing proposals to improve the provision of education services for
children with additional support needs, "closing the opportunity gap in
a very real and tangible way". Consultations are under way on this with
those who need additional educational support and with those who provide it.
Planning
A White Paper
on Planning will build on recent consultations, "to make public
involvement more meaningful".
(E) Reactions and Theological Context
Allowing for the
volume of business carried forward for completion after the recess, there is
a great deal of business to fill the Parliament's last lap. Issues like
Margo MacDonald's Bill on prostitute tolerance zones and the Children's
Commissioner proposal represent a great deal of commitment by MSPs who will
be keen to "make a difference" before an election may deprive them
of the chance in future. On the other hand, party lines will be determined
by careful positioning in the lead up to the election, and the Executive may
be reluctant to provoke any backlash (eg on family law reform) so close to
an election.
The Debt Bill
will provide controversy, as will aspects of the Criminal Justice Bill; the
Homelessness Bill looks like marking a significant step forward on an issue
in which the churches have a major stake. But the media reaction to the six
new Bills proposed was one of almost universal disappointment, even from a
sympathetic commentator like Iain Macwhirter, who said "to call the
programme a hotchpotch is an insult to stews", while Scotland on Sunday
complained of a "leadership vacuum".
But the First
Minister claimed to be making laws not to capture headlines but to improve
lives; that rootedness in making a difference (rather than grand schemes
that have more spin than substance) and the new humility about what can be
done (and doing it well) are positive signs – as was the commitment to
work together across party lines on "street" issues, however
easily that was trivialised into a "cross-party consultation on
bins". The Biblical perspective is that nations (and their Parliaments
and people) are judged by their response to the homeless, welcome for the
stranger and care for the vulnerable.
Although the
Executive still talk of social justice as a necessary step towards the
"smart successful Scotland" that appears to be their key
objective, the Parliament and Executive continue to seem distrustful of the
"vision thing" which might do more than capture public
imagination. Perhaps the theological context for considering the whole range
of legislation on next year's agenda should be "where there is no
vision, the people perish".
With an eye
towards the election, churches will rightly scrutinise what has (or has not)
been achieved, but will also be concerned about wider disenchantment with a
process in which we all have a stake.
|