THE SCOTTISH GOVERNMENT'S LEGISLATIVE PROGRAMME

When Alex Salmond presented his Government’s legislative programme, the Opposition parties found little to criticise within it – it was what was missing that came in for a barrage of criticism: "a string vest of a programme, which is more noticeable for the holes than for the material" (Murdo Fraser) and "all gong and no dinner" (Nicol Stephen). The Opposition parties claimed that the SNP had failed to deliver manifesto commitments in a number of areas, including: (a) deploying 1,000 extra police officers (b) the dentistry crisis (c) tackling Scotland’s drug culture (d) cutting primary class sizes to 18 (e) annual targets to cut climate change gas emissions (f) firearms reform (g) knife crime (h) grants for first time house buyers (i) abolishing council tax (j) student debt (k) provision of affordable housing (l) community safety and (m) reform of the children’s hearings system.

However, the First Minister countered that the legislative programme was only for the coming year, and that the Government hoped to be in office to deliver a 4 year programme. In response to the accusation that it was "legislation light", Mr Salmond countered that 11 Bills, plus Members’ Bills, was "a meaty programme". He also said that his Government did not believe that every problem can or should be resolved through legislation and he asked "never to confuse that legislative activity - important though it is - with the totality of what Government can achieve". 

In addition, of course, Mr Salmond was well aware that he leads a minority administration, hence his uncontroversial programme. Robert Brown said that 7 or 8 of the proposed Bills would have appeared in any legislative programme. Out of the 11 Bills, the Budget Bill is statutory and 3 of the Bills are largely inherited from the previous administration – the Judiciary Bill, the Creative Scotland Bill and the Rape and Sexual Offences Bill. Mr Salmond also said that the Government would consider what support they could offer to the two Members’ Bills being proposed by Jamie McGrigor and Ken McIntosh on creating a register of tartans and restricting sunbed use respectively. 

As to what was not in the legislative programme, Mr Salmond pointed the Opposition parties to the document Principles and Priorities: The Government’s Programme for Scotland, which as well as setting out the legislative programme, also covers policy priorities for the year ahead (see further below).  In some cases this means a consultation paper or other action short of legislation.

The following are the 11 Bills that make up the Government’s 2007 legislative programme:

1.  ABOLITION OF BRIDGE TOLLS (SCOTLAND) BILL

This Bill fulfils the ‘100 Days’ commitment to remove the tolls on the Forth and Tay road bridges. Abolition of the tolls was agreed unanimously by Parliament in May, and drivers will be able to travel free by the beginning of next year. The Bill also removes the debt repayment limit of 2016 in respect of the Tay Bridge (this was originally set up to ensure that the debts associated with the construction of the bridge were properly paid off).

2.  PUBLIC HEALTH (SCOTLAND) BILL

The aim of the Public Health Bill is to modernise public health legislation comprehensively; this is currently set out in a number of Acts, dating back as far as 1897. The Bill will redefine and clarify the relationships between Ministers, health boards and local authorities. It will be designed specifically to strengthen the role of health boards, giving officials more powers to respond to threats. It will contain a raft of measures to improve public health protection, including provisions that will give effect to international obligations designed to prevent the spread of disease, including action to protect against biological, chemical or radiological contamination and new powers to quarantine persons. A statutory duty will be placed on health boards to provide mortuaries for hospital related deaths and for local authorities to provide mortuaries for other deaths.

3.  GRADUATE ENDOWMENT (ABOLITION) (SCOTLAND) BILL

The Bill will abolish the £2,000 graduate endowment fee, benefitting 50,000 students, including those graduating this year. The Government believes the fee was an inefficient way to raise money because most students added it to their loan, so that the public purse only receives two thirds of the income and that only when the loan is repaid. (Last year, net income from graduate endowment fees was around £15m.) The intention is to introduce a Bill in the autumn with the legislation in place by 1 April 2008 when this year's graduates become liable to pay the fee.

4.  INTEREST ON DEBT AND DAMAGES (SCOTLAND) BILL

The Bill will create a statutory right (as recommended by the Scottish Law Commission) to claim interest on payments of debt and damages, to run from the time when a sum of money becomes due by one person to another. Interest will run on different types of claims for money regardless of whether the claim is for payment of a contractual debt (such as the supply of goods or services, the sale and lease of land, late payment of wages), or a non-contractual debt or damages (such as claims based on unjustified enrichment and aliment). The Bill will give Scottish Ministers powers to exempt categories of debt from interest, including utility debts and rent arrears to public sector landlords, and where the payment represents a fine, penalty or tax due to a public authority.

5.  GLASGOW 2014 COMMONWEALTH GAMES BILL

Should Scotland win its bid to host the 2014 Commonwealth Games, new legislation will be required to support the delivery of the Games and to protect them from "ambush marketing" (a strategy where brands attach themselves to major sporting events without paying sponsorship fees, while at the same time creating a sense they are somehow connected to the tournament.) The Bill would also ban the sale of tickets at more than their face value and give councils the power to issue a Compulsory Purchase Orders for land within their area that they believe is required for the Games.

6.  BUDGET (SCOTLAND) BILL

In January 2008 the Government will introduce the annual Budget Bill which will give the Scottish Government statutory authority to spend money in 2008/09. After the UK Comprehensive Spending review sets the size of the budget for next year, the Scottish Government will then publish its own Strategic Spending Review setting out how it intends to allocate the budget.

7.  JUDICIARY (SCOTLAND) BILL

The Judiciary Bill will modernise the organisation and leadership of the judiciary, giving them greater authority over the Scottish Court Service, and establishing the Judicial Appointments Board. Under the legislation, the Lord President will preside over a unified judiciary, with powers to dispose of business in upper and lower courts, and over training and welfare. Procedures for removal of judges and sheriffs will also be revised, and grounds of eligibility for appointment as a Court of Session judge will be expanded.

8.  LOCAL HEALTHCARE (SCOTLAND) BILL

This Bill is intended to encourage greater public and patient involvement in the planning and delivery of local healthcare services by introducing direct elections to Scotland's NHS Boards. A wide-ranging consultation will start in the autumn of this year. This consultation will cover all the issues which relate to the Bill, in particular those related to direct elections, such as the eligibility to stand for election, the electoral franchise, accountability, and the potential voting system. The details of the Bill's proposals will depend on the outcomes from the consultation.

9.  CREATIVE SCOTLAND BILL

The previous administration published a draft Culture Bill for consultation in December 2006; having considered the responses, the new Scottish Government decided to introduce legislation to establish a new cultural development body - "Creative Scotland" - by amalgamating the Scottish Arts Council and Scottish Screen.  Creative Scotland will have a statutory remit to promote an understanding, appreciation and enjoyment of the arts and culture in all sections of society. It will also be asked to develop national good practice advice on strategic matters (eg ways to develop the voluntary cultural sector).

10.  RAPE AND SEXUAL OFFENCES (SCOTLAND) BILL

Scottish Ministers want to tackle the low conviction rate for rape in Scotland. The Scottish Law Commission was asked by the previous administration to make recommendations for reform in the law on rape and sexual offences and once it submits its final report later this year, the Government will finalise detailed provisions of the Bill which they intend to introduce in May 2008. In broad outline, the Bill will most likely introduce an active model of consent, placing a responsibility on all parties "to actively ensure that any sexual activity is fully consensual". It will also widen the definition of rape to cover a wider range of sexual acts and introduce an offence of "sexual assault".

11.  FLOODING PREVENTION (SCOTLAND) BILL

This Bill will update and replace existing legislation with a new Act that will cover all aspects of flood management. A consultation will take place on issues including how to fund small-scale defences locally, improve flood risk information, and ensure that management plans are produced for all high risk areas.

 

Other Policy Priorities

In addition to these 11 Bills the SNP’s non-legislative priorities for the coming year are:

Building a Wealthier and Fairer Scotland

Publish the Government Economic Strategy, which will include the target of raising Scotland's growth rate to the UK level by 2011;

Test fairer fares on the Western Isles route and progress plans to deliver a replacement Forth Crossing;

Work with local authorities to freeze council tax at 2007-08 levels and begin detailed consultation on proposals to replace council tax with a local income tax based on ability to pay;

Set out proposals to reduce or remove the rates burden for small businesses;

Invest in rural business ventures as part of the new Scotland Rural Development Programme; and

Publish a housing consultation paper including proposals for improving housing so that it supports economic growth and meets the current and future needs of Scotland's people.

Building a Smarter Scotland

Issue a consultation paper seeking views on replacing the current system of student loans with a fair and affordable system of means-tested grants; as part of this process, the Government will seek the views of stakeholders on measures to tackle graduate debt;

Set out the details of their new Skills Strategy;

Consult on the secondary legislation to implement the Protection of Vulnerable Groups (Scotland) Act, as part of child protection measures and realistic risk assessment for children;

Develop positive policies to improve outcomes for vulnerable families, children and young people at risk, and families needing support;

Consult on introducing a legislative presumption against the closure of rural schools;

Ensure that Scotland's colleges continue to receive the benefits of charitable status and introduce any legislation necessary to achieve this;

Begin working on their comprehensive early years strategy; and

Establish a pilot of free school meals for all primary 1 to 3 children in selected local authority areas.

Building a Healthier Scotland

Consult on proposals for a Patients' Rights Bill including the right to an individual waiting time guarantee;

Ensure that NHS Boards deliver the 62-day cancer target from December 2007;

Develop proposals to phase out prescription charges in Scotland; to establish an 18-week waiting time guarantee; to increase the number of school nurses; and to introduce health checks in schools in the most disadvantaged areas;

Develop an action plan on alcohol and set out a radical range of measures to reduce alcohol-related harm; and

Set out proposals for the provision of affordable housing and support for first-time buyers.

Building a Safer and Stronger Scotland

Work with police forces to increase policing capacity through the deployment of the equivalent of 1,000 additional police officers;

Continue developing a new drugs strategy, and extend the most successful elements of drug treatment and testing orders to lower level offenders;

Continue to take forward proposals on a cross-party basis to strengthen controls on sex offenders, including greater protection for communities, through implementation of the National Accommodation Strategy for Sex Offenders; and

Exempt a person’s main home from the new court enforcement process of land attachment, to ensure the new measure will not result in an increase in homelessness.

Building a Greener Scotland

Consult on legislative proposals to introduce a mandatory emissions reduction target of 80% by 2050;

As a medium term objective, work with their partners in Norway and the European Commission to develop proposals for a North Sea super-grid to allow export of electricity from renewable and low-carbon sources; and in the meantime seek to remove discrimination in access to the domestic grid;

Publish a strategy for low-carbon buildings and increasing energy efficiency through building regulations;

Consult on the proposed Scottish marine legislation, involving all relevant users including the fishing industry;

Continue to preserve habitats and biodiversity, and promote active enjoyment of them for health, recreation and education;

Help local authorities plan for more sustainable places, and encourage good design in buildings that take forward the best of Scotland's culture and design heritage; and

Consult on, and develop, a strategy for increasing recycling and other measures to move towards a zero-waste society.