Scottish Churches Parliamentary Office, Edinburgh - Briefing Document Seven

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Parliamentary Officer:Rev Graham Blount
Phone:
0131 558 8137

Briefing Document No 7 - Page 3 of 4

"So Far, So Good?" - Continued.

Legislative Process

Experience so far suggests that efforts in decision-making and legislation are being made to build in consultation, but more imaginative ways of doing this, and ways of securing that those who contribute are kept in touch with the process, are yet to be fully explored. And the experience of the first piece of Executive Legislation (closing the Ruddle "loophole") shows either the possibility of reasonably quick reaction to events or the danger of media-induced stampede without proper (or any) consultation!

Two proposals for "back-bench" members' Bills have surfaced (on fox-hunting and warrant sales), and already there are concerns that members without the backing of a well-equipped lobby will have difficulty securing adequate drafting support. No Committees have so far shown signs of interest in bringing forward their own legislative proposals.

Committees

For the CSG, and for the Presiding Officer in his address to the Church & Nation Committee, the Committees represent the linchpin of the possibility of new and participative ways. The official reports of early meetings show members very much trying to find their feet - some political point-scoring but generally positive signs of sorting out priorities, establishing some contacts with interested groups, and generally finding ways forward together. If committee members see that membership as being part of their identity alongside their party allegiance, and continue the willingness many have shown to meet with interested groups, there is a good chance that some of the hopes may be fulfilled.

(The SCPO has registered the churches' interest in the work of the Committees on Justice and Home Affairs and on Social Inclusion, Housing and the Voluntary Sector, receiving a very positive response from the former and awaiting further contact with the latter (some of whose members have been in touch with the Office). Churches have also been represented at the Education Committee.)

However, there have also been some discouraging signs:

Problems of physical space make public access to committee meetings very restricted at present; tickets in advance are needed and meetings do get fully booked

There is a defensiveness (on cost, and against possible charges of junketing) about meetings outwith Edinburgh

There have been signs of members meeting in party groups before the full committee, presumably to sort out a "line"

Despite the suggestion of the CSG, it appears that the Scotland Act does not allow Committees to co-opt non-MSPs (at least this is the accepted interpretation of the Act); opinions are divided among the politicians on the wisdom of trying to change this, though the Equal Opportunities Committee is keen to co-opt representatives from ethnic minorities to remedy their lack of representation among MSPs. Committees can still appoint expert advisers and even advisory panels, though none appear to have done so thus far

Some Committees (and/or their Clerks) are very cautious about making papers publicly available; access to meetings or to their official reports doesn't mean much if the papers being discussed are not available. However, some Committees have been very helpful on this.

Code of Conduct

One particular example of the last problem has been in the Standards Committee, which is currently redrafting the Code of Conduct for MSPs (which the CSG produced after a process to which churches contributed) but will not make any drafts available until they have completed their task. The Standards Committee has also considered a possible Code for lobbyists, although its Convener believes that regulation would given lobbyists too much credibility and matters should be handled via the MSPs' Code.