Scottish Churches Parliamentary Office, Edinburgh - Briefing Document Five

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Parliamentary Officer:Rev Graham Blount
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Briefing Document No 5 - Page 4 of 4

"Down to Business": The Scottish Executive's Legislative Programme and Priorities - Continued.

Poverty / Social Inclusion
there were calls for action including setting targets for tackling poverty; "there is a hint that the driver for change in social justice may come from the committee structure" (Fiona Hyslop, SNP), and the Social Inclusion, Housing and Voluntary Sector Committee will have a key role in another area where the Executive feel that action may not require legislation. The Executive also maintained strongly its social justice objectives, "through legislative and non-legislative action across Government", including tackling dampness with a healthy homes initiative and developing a national child care strategy" (Jim Wallace). Scottish Churches Social Inclusion Network will monitor, including an early meeting with Wendy Alexander on 6 July.

Health, Agriculture, Enterprise and Jobs
all were areas where MSPs wanted action and the Executive response was in general terms of possible actions not requiring legislation.

Important Footnote
Important though these proposals are, it is crucial to recall that the Committees now established by Parliament can initiate legislation beyond the Executive programme.

UK Legislation
The First Minister made a statement on 9 June clarifying the position re current and future UK legislation which covers devolved matters. In general, "where the Scottish Executive and the United Kingdom Government agree that a policy in a devolved area should be given effect by an act of the Westminster Parliament, it would be for the Scottish ministers to put the proposal to the Scottish Parliament, and for the UK Government to manage its business at Westminster in a way that is consistent with the convention".

There are also somes pieces of legislation currently in the Westminster process which affect devolved areas, such as the Health Bill, which will enable the completion of the reforms set out in the white paper "Designed to Care"; it provides for the abolition of general practice fundholding, for changes in the financial arrangements for national health service trusts and for the imposition of a duty of quality on the NHS in Scotland. The view of the Executive is that these measures should be allowed to complete their progress at Westminster - bearing in mind that the Scottish Parliament can amend or repeal devolved matters at a later date.

There was mention, during questions on this statement, of the Immigration and Asylum Bill. While this deals with reserved matters, it also amends Scottish law in devolved areas (such as the Social Work Scotland Act 1968 on duties of local authorities towards those who are destitute). This has been very much a concern of the churches and an area on which we will want to monitor both Parliaments.

Another special case of concern is the Sexual Offences (Amendment) Bill - a UK measure designed to equalise the age of consent for homosexuals and heterosexuals, and to introduce a new offence of abuse of trust. "It was introduced to the Westminster Parliament in December last year and defeated in the House of Lords in April this year. The UK Government is likely to reintroduce the bill, making use of the Parliament Acts to ensure its passage. That means that the bill that is reintroduced would have to be identical to the one that was defeated. Therefore, even if it were thought desirable, it will not be possible to remove Scotland from the bill's scope if the Parliament acts are invoked." Churches have had concerns about lowering the age of homosexual consent and will again want to monitor both Parliaments on this. There will be a debate in the Scottish Parliament on such current UK legislation on 23 June.