December 2011

SCPO Parliamentary News Summary

21 Dec 2011

Six months after the first attempt to pass the Bill, the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill has now been passed by the Scottish Parliament, and will become law.  A freedom of speech clause has been inserted into the Bill, which will mean that the offence of threatening communications will not stop peaceful preaching or proselytising, or restrict freedom of speech including the right to criticise or comment on religion or non-religious beliefs, even when used in what the Scottish Government describe as "harsh terms".  The final stages of the debate were acrimonious, with all opposition parties in the Chamber, including independent MSP Margo MacDonald, voting against the Bill, with only the SNP members in the Chamber voting in favour of the Bill. Rev Ian Galloway, Convener of the Church and Society Council of the Church of Scotland wrote to all MSPs ahead of the debate, and urged caution in imagining that this Bill would radically alter work on sectarianism in Scotland:

"This Bill, coming to the end of its process, must not be the end of the conversation but the opportunity to start a fresh attempt to tackle sectarianism.  There is a lot of important work that is already taking place, funded by churches, football clubs, the Scottish Government, local authorities, the police and charitable groups.  These must be warmly commended and it should be recognised that we are not starting from scratch.  But I feel that a more co-ordinated strategy, the right leadership and which has broad support could lead to meaningful change."

The Welfare Reform Bill has been attacked from several angles this month. The Joint Committee on Human Rights, comprised of MPs and members of the House of Lords, has published its report on the Welfare Reform Bill, raising a number of concerns about the compatibility of some aspects of the Bill with the European Convention on Human Rights. The Committee is particularly concerned about the undue risk to people with disabilities who may face what they term "exceptional hardship" as a result of the Government's proposals.  They are also concerned that the Bill changes the way in which child poverty is monitored at a UK-level, and that it will lead to less government accountability for the problem.  In Scotland, the Health and Sport Committee in the Scottish Parliament published their report on the Welfare Reform Bill, recommending that the Scottish Parliament do not give consent to the UK Parliament for the aspects of the Bill which fall within the Scottish Parliament's remit.  Nonetheless, they recognise that the Scottish Parliament refusing consent will not halt progress of the Bill.  Third sector representatives who have been giving evidence to the Health and Sport Committee have been urging the Scottish Government to consider establishing a special Committee in the Scottish Parliament to focus completely on welfare-related issues.

As Christmas is approaching, it is perhaps particularly timely to consider the call for evidence issued by the Infrastructure and Capital Investment Committee of the Scottish Parliament, who are holding an inquiry into the Scottish Government's 2012 homelessness commitment. The target refers to the requirement under the Homelessness (Scotland) Act 2003 that every unintentionally homeless person is provided with settled accommodation by the end of 2012 - a target which, currently, many local authorities will fail to meet. If Christmas is to mean more than charity but about working to bring about the kingdom of God then we must consider the best ways we can reform our structures and systems to help those in greatest need.

Wishing all our readers a peaceful and happy Christmas and New Year.

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