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The full text of all outstanding
motions and amendments will appear in the Business Bulletin every
Monday.
Items marked with an asterisk
(*) are new or have been altered. Asterisks in the text show the extent
of alterations made.
Motions which members wish
to be considered for debate as members’ business in the Parliament
are marked with a hash symbol (#)
*S1M-2031
Susan Deacon: The Food Protection (Emergency Prohibitions) (Paralytic
Shellfish Poisoning) (West Coast) (Scotland) Order 2001—That the
Health and Community Care Committee recommends that the Food Protection
(Emergency Prohibitions) (Paralytic Shellfish Poisoning) (West Coast)
(Scotland) Order 2001 be approved.
Supported by: Malcolm Chisholm*
*S1M-2030 Mr John Swinney:
Scotland's Place in the World—That the Parliament welcomes the
political declaration by the governments of Bavaria, Catalonia, Northrhine-Westphalia,
Salzburg, Scotland, Wallonia and Flanders on the future of the European
Union, signed by the First Minister on 28 May 2001; calls upon the
Scottish Executive to ensure that any future European or other international
agreements signed by the First Minister are carried out with greater
transparency and involvement of the Parliament, and recognises that
such initiatives are important steps towards Scotland becoming an
independent country in the European Union, engaging fully in the community
of nations.
Supported by: Michael Russell*,
Mr Duncan Hamilton*, Mrs Margaret Ewing*, Roseanna Cunningham*,
Ms Margo MacDonald*
*S1M-2029 Mr Tom McCabe on
behalf of the Parliamentary Bureau: Designation of Lead Committees—That
the Parliament agrees the following designation of Lead Committee—
The Justice 2 Committee to consider
the Gaming Act (Variation of Fees) (No.2) (Scotland) Order 2001 (SSI
2001/230).
Supported by: Euan Robson*
*S1M-2028 Mr Tom McCabe on
behalf of the Parliamentary Bureau: Approval of SSIs—That the
Parliament agrees that the draft Graduate Endowment (Scotland) Regulations
2001 be approved.
Supported by: Euan Robson*
*S1M-2027 Mr Tom McCabe on
behalf of the Parliamentary Bureau: Approval of SSIs—That the
Parliament agrees that the following instruments be approved:
The draft Scotland Act 1998 (Transfer
of Functions to Scottish Ministers etc.) (No.2) Order 2001; and
The draft Consumer Protection
Act 1987 (Product Liability) (Modification) (Scotland) Order 2001.
Supported by: Euan Robson*
*S1M-2026 Mr Tom McCabe
on behalf of the Parliamentary Bureau: Business Motion—That
the Parliament agrees—
- the following programme of business:
Wednesday 27 June 2001
2.30 pm Time
for Reflection
followed
by Ministerial Statement
followed
by Executive Debate on Serious Violent and Sexual
Offenders
followed
by Parliamentary Bureau Motions
5.00 pm Decision
Time
followed
by Members' Business - debate on the subject of
S1M-1740 Michael Matheson: Lung Disease in Scotland
Thursday 28 June 2001
9.30 am Stage
1 Debate on the Protection from Abuse (Scotland) Bill
followed
by Finance Committee Debate on the 2002/2003 Budget
Process
followed
by Ministerial Statement
followed
by Business Motion
2.30 pm Question
Time
3.10 pm First
Minister's Question Time
3.30 pm Executive
Debate on the New Opportunities Fund
followed
by Parliamentary Bureau Motions
5.00 pm Decision
Time
followed
by Members' Business - debate on the subject of
S1M-1970 Annabel Goldie: Endometriosis
and, (b) that the Justice 1 Committee
reports to the Justice 2 Committee by 25 June 2001 on the Gaming Act
(Variation of Fees) (No.2) (Scotland) Order 2001 (SSI 2001/230
Supported by Euan Robson*
*S1M-2025 Mr Tom McCabe on
behalf of the Parliamentary Bureau: Business Motion—That the Parliament
agrees that, at Stage 3 of the Mortgage Rights (Scotland) Bill, debate
on each part of the proceedings shall be brought to a conclusion by
the time limits indicated (each time limit being calculated from when
Stage 3 begins and excluding any periods when the meeting is suspended)
–
Group 1 and Group 2 – no later
than 1 hour
Group 3 and Group 4 – no later
than 1 hour 55 minutes
Motion to pass the Bill – no later
than 2 hours and 25 minutes
Supported by: Euan Robson*
*S1M-2024 Des McNulty on behalf of the Scottish
Parliamentary Corporate Body: Members' Allowances Scheme and Equipment
and Furniture Scheme—That the Parliament
(a)
- directs the Scottish Parliamentary Corporate
Body (the SPCB) to provide information technology and other office
equipment in accordance with the Equipment and Furniture Scheme
annexed hereto as Annex One;
- determines that the said Equipment and Furniture
Scheme shall come into effect from the first date when a member
takes the oath or affirmation after the next ordinary or as the
case may be, extraordinary, general election, except in relation
to a new member returned prior to the next general election under
section 9 or 10 of the Scotland Act 1998, when the Scheme
shall come into effect for that member on the date when such member
takes the oath or affirmation;
(b)
- confers functions upon the SPCB to pay allowances
in each financial year to members in accordance with the Members'
Allowances Scheme annexed hereto as Annex Two and confers other
functions upon the SPCB as specified in that said Scheme;
- determines that the said Members' Allowances
Scheme shall come into effect on 1 July 2001;
- directs the SPCB to pay on and after the date
the said Scheme comes into effect until 31 March 2002, the
rates and amounts of allowances for the whole of that financial
year, under deduction of such amounts paid to or claimed by members
in respect of the period commencing on 1 April 2001 to the
day preceding the date of this Scheme coming into effect;
- directs the SPCB to make such other deductions
or adjustments in respect of employers' National Insurance and pension
contributions between the current Scheme and the said new Scheme
as the SPCB considers equitable;
(c) rescinds:
- the Resolution of the Parliament of 16 March
2000 agreeing the Equipment and Furniture Scheme, on the first date
when a member takes the oath or affirmation after the next ordinary
or as the case may be, extraordinary general election as provided
for in a(ii) above;
- the Resolution of the Parliament of 16 March
2000 agreeing the current Members' Allowances Scheme on the date
specified in b(ii) above.
ANNEX ONE
This is the Equipment and Furniture Scheme referred
to in the foregoing motion.
"The Equipment and Furniture Scheme
- Provision of Information Technology and
other Office Equipment, and Office Furniture
- The Scottish Parliamentary Corporate Body ("the
SPCB") shall provide information technology and other office equipment,
and office furniture for an office, within the constituency/region
from which a member was returned.
- Such information technology and other office
equipment and office furniture is provided for the use of a member
for the purpose of carrying out his or her Parliamentary duties
and
- a member may select during a Parliamentary
session the equipment and furniture concerned but only from a list
of items specified by the SPCB and subject to not exceeding the
maximum number permitted for each item on that list;
- the member shall be responsible for the protection
and security of such equipment and furniture and the SPCB may, if
it has reasonable grounds to believe that any such equipment or
furniture is being misused, require the return of the equipment
or furniture;
- the replacement of any item referred to in
(a) shall be permitted where the SPCB is satisfied that it is necessary.
(3) Where, arising from an election or the
filling of a regional vacancy in terms of section 10 of the Scotland
Act 1998, equipment becomes available, it shall be utilised by a new
member and sub-paragraph (2)(a) would only apply where, in the
opinion of the SPCB, additional or replacement items are required.
(4) Where a member is re-elected the equipment
and furniture utilised by the member in the previous session shall
continue to be utilised by the member and sub-paragraph (2)(a)
shall only apply where, in the opinion of the SPCB additional or replacement
items are required.
2. Provision of Office Supplies
(1) The SPCB shall provide office supplies and
postage stamps or postage paid envelopes to a member for the purpose
of carrying out his or her Parliamentary duties.
(2) Where such office supplies are provided for
the use of a member for the purpose stated in sub-paragraph (1) the
member may select the supplies concerned but only from a list of items
specified by the SPCB.
3. Publication
The SPCB shall publish for each financial year
information on this Scheme in such form as the SPCB may determine.
4. Parliamentary Duties
For the purposes of this Scheme, "Parliamentary
duties" shall have the same meaning as in rule 8 of Part A of the
Members' Allowances Scheme."
ANNEX TWO
This is the Members' Allowances Scheme referred
to in the foregoing motion.
"Members' Allowances Scheme
The following Parts A, B and C together with the
Annexes attached shall be the Members' Allowances Scheme ("Scheme")—
Part A - General Rules in relation to the Scheme
The following general rules shall, unless the
context otherwise requires, govern the Scheme—
Rule 1 - Interpretation
In this Scheme—
"parliamentary complex" means the place where
the Parliament or any of its committees or sub-committees meets
from time to time;
"remuneration of employees" includes gross
salaries, employers' National Insurance contributions and employers'
pension contributions;
"main residence" means the property in which
the member is resident for council tax purposes under section
75 of the Local Government Finance Act 1992;
"member" means a member of the Scottish Parliament;
"other residence" means any residence which
the member owns or leases other than his or her main residence;
"staff" means an employee or employees of
a member and/or a person or persons on a contract with an agency
and/or on a contract for services;
"motor vehicle allowance" means the maximum
rate set for local government under section 46 of the Local
Government (Scotland) Act 1973 and shall apply to all motor
vehicles irrespective of engine size or annual mileage;
"motor cycle mileage allowance" means the
maximum rate set for employees of the Scottish Administration;
"pedal cycle allowance" means the level of
the maximum tax free allowance set by the Inland Revenue;
"travelling expenses" means—
(a) the actual cost of any travel ticket
purchased or fare paid in making a journey, or part of a journey,
by public transport;
(b) where such a journey, or any part
of such a journey, is made by means of a motor vehicle, motor
cycle or pedal cycle, owned or wholly maintained by the member,
such amount per mile travelled on the journey, or that part
of the journey, by means of that motor vehicle, motor cycle
or pedal cycle as is determined by the motor vehicle, motor
cycle or, as the case may be, pedal cycle, mileage allowance;
(c) in exceptional circumstances, with
the approval of the Scottish Parliamentary Corporate Body
("the SPCB"), the actual cost of car hire and associated
petrol costs; and
(d) tolls and car parking charges;
"public transport" means any service or services
provided to the public at large for the carriage of passengers
by road, rail, air or sea but includes travel by taxi service
only where the use of such a service is required for reasons of
urgency or where it is not reasonably practicable for the member
to use other forms of public transport.
and any reference to a Part is a reference to
the Part so lettered in this Scheme and any reference to an Annex
is a reference to the Annex so lettered in this Scheme.
Rule 2 - Verifiable Expenditure
(1) The SPCB may, on an application for the purpose
made to it by a member in accordance with this Scheme, make payments
to that member by way of allowances for the reimbursement of expenses
incurred by that member.
(2) Subject to paragraph (3) of this rule, allowances
for which a member is eligible shall be paid by the SPCB only upon
the production to the SPCB of evidence of relevant expenditure in
the form of invoices or receipts and, in respect of a taxi fare exceeding
£10 per journey, written justification for the use of a taxi shall
be required and it shall be for the SPCB to determine whether it is
satisfied with the justification offered and whether payment should
be made.
(3) Supporting invoices and receipts are not required:
(a) for payment of the motor vehicle, motor
cycle, or, as the case may be pedal cycle mileage allowance; or
(b) for the reimbursement of travelling
expenses where the actual cost of any travel ticket purchased
or fare paid in making a journey, or part of a journey, by public
transport or tolls and car parking charges is £10 or less.
(4) Paragraph 3 of this rule does not apply to
taxi fares and car parking charges, other than parking meter charges.
(5) The SPCB shall provide forms for the purposes
of administering the Scheme which members shall complete and sign
in order to claim the relevant allowance.
Rule 3 - The Allowances Code
The proper use of allowances payable under this
Scheme shall be governed by the Allowances Code at Annex A.
Rule 4 - Publication
The SPCB shall publish information on allowances
under this scheme for each financial year in such form as the SPCB
may determine.
Rule 5 - Enforcement
(1) The SPCB shall be responsible for supervising
members' adherence to the Scheme.
(2) Where eligibility for any of the allowances
in this Scheme is in dispute, and cannot otherwise be resolved, the
matter shall be referred to the SPCB for determination.
(3) Any member may make a complaint to the SPCB
about another member where he or she has reason to believe that allowances
under this Scheme have not been expended in accordance with the Scheme
(hereinafter referred to as an improper use of allowances), and where
such a complaint is made, the SPCB shall normally hear that complaint
within one month.
(4) Where the SPCB has reason to believe that
a member has made an improper use of allowances or where the SPCB
has received a complaint under sub-paragraph (3), the SPCB may, after
raising the matter with the Business Manager of the relevant political
party, initiate investigations into the matter.
(5) Where the SPCB has reason to believe that
a member has made excessive or unreasonable use, in the opinion of
the SPCB, of taxis the SPCB is empowered to:
- refuse to pay to that member any further taxi
fares; and
- set a financial limit on future taxi fares
for that member; and
- set a financial limit for taxi fares which
shall apply to all members;
and to take such other action as the SPCB deems
appropriate.
(6) Where the SPCB has initiated investigations
in accordance with paragraph (4) and finds that a member has made
an improper use of allowances, the SPCB may report to the Standards
Committee with its recommendation; and such a recommendation may propose
the removal of all or part of the member's allowances.
Rule 6 - Virement
A member shall not vire amounts between one allowance
and another allowance.
Rule 7 - Uprating
(1) Subject to paragraphs (2), (3) and (4) of
this rule, the SPCB shall uprate allowances in Part B and the
notional amount referred to in paragraph 1(a) of Part B
on 1 April each year from the year 2002 onwards, having
regard to such indices as the SPCB considers appropriate. The amounts
of the uprated Members' Support Allowance (paragraph 1(1)) and
Edinburgh Accommodation Allowance (paragraph 4(2)) shall be rounded
up to the nearest £100 at each uprating.
(2) The SPCB shall, unless the Parliament does
not agree, uprate the motor vehicle allowance in line with the maximum
rate in respect of vehicles over 1199cc set for local government under
section 46 of the Local Government (Scotland) Act 1973, and the uprating
will become effective and payable at the same time as it does for
local government.
(3) The SPCB shall uprate the motorcycle mileage
allowance at the same time as and in accordance with the corresponding
allowance set for staff of the Scottish Administration.
(4) The SPCB shall uprate the pedal cycle mileage
allowance at the same time as and in accordance with the maximum tax-free
allowance set by the Inland Revenue.
Rule 8 - Parliamentary Duties
(1) All of the allowances referred to in this
Scheme are to be used only for the purpose of members carrying out
their Parliamentary duties.
(2) In this Scheme, "Parliamentary duties" means
the undertaking of any task or function which a member could reasonably
be expected to carry out in his or her capacity as a member of the
Parliament including:
(a) attending a meeting of the Parliament;
(b) attending a meeting of a committee or
sub-committee of the Parliament of which the member is a member
or which the member is required to attend because of being in
charge of a Bill or other matter under consideration by the committee
or sub-committee or for any other valid reason relating only to
the business of the committee or sub-committee;
(c) undertaking research or administrative
functions which relate directly to the business of the Parliament;
(d) attending meetings for the purpose of
representing electors or explaining the application of policy
including attending meetings for the purpose of seeing a constituent
or constituents;
(e) attending Parliamentary party group meetings
in Edinburgh or such other place in Scotland as may be approved
in advance by the SPCB;
(f) attending a meeting, ceremony or official
function which relates directly to, or in connection with, the
business of the Parliament;
(g) attending an international conference
which relates directly to, or in connection with, the business
of the Parliament with the prior approval of the SPCB.
but does not include a member's activities which
are wholly in relation to that member's role as a Party spokesperson
or representative.
Rule 9 - Equality
All members shall be treated equally irrespective
of whether they have been returned as constituency members or as regional
members, subject to paragraph 1 of Part B.
Rule 10 - Allowances: general
(1) Where a member has claimed an allowance from
any other source or had expenses reimbursed from any other source,
the member shall not be eligible to claim the same allowance or reimbursement
of expenses (as the case may be) under this Scheme.
(2) Where a person becomes eligible for an allowance
part way through the financial year, then the amount of any allowance
payable under this Scheme shall be apportioned on a pro rata basis.
(3) Where a person ceases to be a member part
way through the financial year, the SPCB shall decide whether or not
any allowance shall be apportioned on a pro rata basis.
Part B - Allowances
1. Members' Support Allowance
(1) A Member shall be eligible for an allowance
of up to £49,300 for each financial year ("the maximum Member's
Support Allowance") for the purposes set out in sub-paragraph
(2) and subject to the conditions as appropriate set out in sub-paragraphs (3)
to (13).
(2) The purposes of this allowance are to enable
a member: -
- to engage as an employee (whether full-time
or part-time, temporary or permanent) or through an agency or
on a contract for services, personnel to assist the member in
carrying out his or her Parliamentary duties. The allowance shall
include employers’ costs other than employers’ National Insurance
contributions and employers’ pension contributions which are provided
for under paragraph 2;
- to establish and run an office, within the
constituency/region from which the member was returned;
- to meet with constituents either on a one-to-one
basis or as a group;
- subject to sub-paragraph (16), to meet
his or her travelling expenses and overnight expenses relating
to travel commencing within Scotland to destinations within the
UK (but outside Scotland) and return incurred whilst undertaking
Parliamentary duties;
- to pay fees of attending a seminar/conference
which relates to the member carrying out his or her Parliamentary
duties;
- to meet travelling expenses, overnight expenses,
and fees of attending a seminar/conference incurred by a member's
staff or volunteers who are assisting the member in his or her
Parliamentary duties, which costs are not otherwise covered by
paragraph 7;
- to pay staff and volunteer training costs;
- where any member pays an employee a "one-off"
bonus payment, to meet any employers’ National Insurance contributions
which arise;
- subject to sub-paragraphs (16) and (17) to
meet travelling expenses and overnight expenses relating to travel
to Brussels/Strasbourg for meetings with members of the European
Parliament and/or representatives of European Union institutions,
as part of his or her Parliamentary duties.
(3) An employee of a member shall be employed
on the terms and conditions determined by the SPCB from time to time.
(4) A member may employ his or her employee on
conditions which are more favourable to the employee, provided that
this does not entail the member exceeding the amount of this allowance.
(5) Staff and volunteers of a member shall be
bound by the Allowances Code at Annex A.
(6) Whilst the remuneration of employees shall
be the responsibility of the member the SPCB shall provide: -
- payroll services for members’ employees;
and
- arrangement for employers’ pension contributions
to be paid to an employees’ choice of pension scheme,
and members shall provide the SPCB with details
about their employees to enable the SPCB to provide such services
and make such arrangements.
(7) A member may pool his or her allowance with
another member or other members in order to employ employees who are
shared between or amongst them, provided that: -
- the employee remains employed by a single
member; and
- the members concerned give written notice
to the SPCB.
(8) Where a member establishes an office under
sub-paragraph (2)(b) the allowance shall be used for the following:
-
- lease of a property or rental of premises;
- the provision of utilities;
- the purchase or lease of office furniture
or equipment or the purchase of stationery;
- the member or his or her staff using telecommunications,
IT and photocopying equipment at a location other than the member’s
Parliamentary office base; and
- other purposes ancillary to those specified
in (a) to (d) above.
(9) Where in a particular region more than one
regional member is returned from a registered political party’s regional
list the notional amount in this allowance for establishing and running
an office in each financial year shall be £12,000 and the maximum
Members' Support Allowance for regional members concerned shall be
computed as follows:
- there shall be added together the notional
amount of £12,000 per financial year in respect of one such regional
member and 30% of that amount in respect of each of the other
such regional members;
- the resulting total sum shall be divided
by the number of such regional members; and
- that amount shall be deducted from the notional
amount and the difference (if any) shall be deducted from the
maximum amount in sub-paragraph 1 above. The sum thereby
produced shall be the limit of Members' Support Allowance for
which a regional member shall be eligible.
(10) Subject to sub-paragraph (11) below, where
sub paragraph (9) applies, whatever amount of the allowance is used
for establishing and running an office shall be used to enable the
regional members concerned: -
- to run only one office in a particular region;
and
- to meet constituents on a one-to-one basis
or as a group;
and accordingly some or all of the regional members
concerned may pool all or part of their allowances under this paragraph
in order to run such an office provided the members concerned give
written notice to the SPCB.
(11) Where sub-paragraph (9) applies in relation
to a region mentioned in Section C of Annex C (Eligibility for exceptional
needs allowance: The largest regions), the SPCB:
- may determine after inquiry that the regional
members concerned may run one additional office because that is
necessary for the regional members concerned to carry out their
Parliamentary duties effectively; and
- in those circumstances may increase the amount
of this allowance to which each of the regional members concerned
is entitled by such a sum as the SPCB may determine but the total
of such increases shall not exceed 100% of the notional amount
of £12,000 referred to in sub-paragraph (9) above, and under no
circumstances shall any increase under this provision result in
the maximum Members’ Support Allowance specified in sub-paragraph
(1) above being exceeded.
(12) Where the SPCB has made a determination under
sub-paragraph (11) the regional members concerned may pool their allowances
under this paragraph with any other member or members for that region
provided that all members concerned first notify the SPCB.
(13) A constituency member may locate his or her
Parliamentary office base in a constituency other than the one from
which the member was returned provided that the location has prior
approval of the member returned from that other constituency and the
SPCB is notified immediately.
(14) An amount of £12,000 for each constituency
member and the amount computed in accordance with sub-paragraph (9)
above for regional members per financial year for the establishment
and running of an office are notional but the actual amount to be
spent shall be for each member to determine subject to the limit of
his or her Members' Support Allowance.
(15) Where local office costs are higher than
in other parts of Scotland due to the state of the local economy,
a member may refer the matter to the SPCB for its determination as
to whether the member should be eligible for an allowance greater
than the maximum Members’ Support Allowance mentioned in sub-paragraph
(1) but any increase shall be not greater than 10% of the notional
amount of £12,000 per financial year.
(16) The rates applicable to travelling and overnight
expenses referred to in sub-paragraph (2)(d) and (f) above shall not
exceed those specified in paragraphs 3 and 6 below.
(17) A member who intends to travel to Brussels/Strasbourg
in accordance with sub-paragraph (2)(i) above shall be required to
give the SPCB a minimum of 14 days advance notice thereof unless
there are exceptional circumstances, in the opinion of the SPCB, which
would justify a lesser period of notice.
2. Support Fund - Employees and Contingencies
- There shall be a Support Fund, maintained,
administered and subject to qualifying conditions determined by
the SPCB, from which shall be disbursed the following:
- the National Insurance contributions incurred
by a member as an employer under this Scheme;
- pension contributions by a member as an employer
under this Scheme but subject to a maximum of 10% of gross
basic annual salary except in the case of existing employees in
post as at 1 March 2001 where the actual contributions, if
in excess of 10%, will be paid;
- the salary and employment costs including pension
contribution to limits set in sub-paragraph (b) above in respect
of the employment of an employee of a member to cover for sickness
absence or maternity leave of an employee of that member but subject
to the following:
- that the salary payable to the temporary
employee does not exceed, pro-rata, the salary payable to the
absent employee;
- that the requirements of paragraph 1
(3), (5) and (6) are met;
- the cost of telephone line provision, up to
a standard and price specified by the SPCB from time to time, in
the constituency or regional office of a member;
- the cost, up to maximum to be set by the SPCB
from time to time, for each financial year, of advertising, (which
includes the production of posters and leaflets) a member's availability,
at specified times and places, for consultation in relation to enquiries
and problems of the public in the constituency or region of the
member;
- the cost of such other items of a kind which
reflect good employment or workplace practices and facilities for
members and employees of members as may be determined, and with
such conditions as may be specified, by the SPCB from time to time.
3. Members' Travel Allowance
(1) A member shall be eligible for the reimbursement
of travelling expenses, at the rates or level specified, necessarily
incurred by that member within Scotland in performing his or her Parliamentary
duties.
(2) Subject to the provisions of paragraph 1(2)(i)
any travel outside the UK shall be eligible for reimbursement only
where the travel concerned has been authorised in advance by the SPCB.
(3) Reimbursement will not be made of the cost
of travel between the Parliamentary complex and accommodation rented
or bought under paragraph 4(3)(b) where the accommodation is outside
the City of Edinburgh.
(4) Where a member has spent or has commitments
to spend his or her Members' Support Allowance and the member can
establish to the satisfaction of the SPCB that there are very exceptional
circumstances and there is a definite need which would justify an
additional payment from this allowance for travel outside Scotland
but within the UK as set out in paragraph 1(2)(d), or travel
to Brussels/Strasbourg as set out in paragraph 1(2)(i), application
may be made to the SPCB for its determination.
4. Edinburgh Accommodation Allowance
(1) Where a member's main residence lies within
a constituency mentioned in Group One of Annex B, he or she shall
not be eligible for any allowance under this paragraph.
(2) Where a member's main residence lies within
a constituency mentioned in Group Two of Annex B, the member shall
be eligible for an overnight expenses allowance of up to £82.08 per
night for each night that he or she requires to stay overnight for
Parliamentary duties in Edinburgh.
(3) Where a member's main residence lies within
a constituency mentioned in Group Three of Annex B, the member shall
be eligible for a total allowance of £9,234 for each financial year
comprising either—
(a) an allowance of up to £82.08 per night
for each night that he or she requires to stay overnight for Parliamentary
duties in Edinburgh; or
(b) subject to sub-paragraph (4), an allowance
in order to cover the costs of those items mentioned in sub-paragraph
(5) below, where such costs are a necessary consequence of having
to stay overnight for Parliamentary duties in Edinburgh.
(4) Where the member claims an allowance under
sub-paragraph (3)(b) part way through the financial year, then the
amount of the allowance payable under that paragraph shall be apportioned
on a pro rata basis.
(5) The costs referred to in sub-paragraph (3)
relate only to the provision and use as residential accommodation
of a property located within a constituency mentioned in Group One
of Annex B and are—
(a) the rent payable for the lease of the
property;
(b) the interest on the capital required
to purchase the property;
(c) the conveyancing fees and outlays,
and the surveyors' fees, incurred in the purchase of the property;
(d) council tax;
(e) factoring charges;
(f) the provision of utilities;
(g) building and contents insurance;
(h) TV Licence;
(i) reasonable removal costs; and
(j) reasonable costs of securing the property
such as:
- the provision of door/window locks;
- the installation and maintenance of an intruder
alarm;
- the installation and maintenance of external
security lighting;
but not major capital items such as security
cameras nor the hiring of security guards.
(6) Where a member's main residence falls within
Group Two of Annex B and the member believes that there are exceptional
circumstances applying to him or her, that member may apply in writing
to the SPCB setting out those circumstances, requesting that the SPCB
treat that member's residence as being in Group Three of Annex B and
it shall be a matter within the sole discretion of the SPCB whether
to grant such a request.
5. Exceptional Needs Allowance
(1) This paragraph applies to members returned
from those constituencies or regions which are set out in Annex C.
(2) A member shall be eligible to claim an exceptional
needs allowance of up to £82.08 per night where it is unreasonable
for the member to return to his or her main or other residence before
or after undertaking Parliamentary duties within the member's constituency
or region.
6. Overnight Expenses Allowance
(1) Subject to sub-paragraphs (4) and (5), a member
shall be eligible for an overnight expenses allowance where he or
she requires for the purpose of carrying out his or her Parliamentary
duties to spend a night away from his or her main or other residence.
(2) The amount of the overnight expenses allowance
shall be—
(a) up to £82.08 per night; or
(b) up to £102.60 per night in Greater London;
or
(c) in respect of a stay outside the United
Kingdom an amount determined by the SPCB.
(3) Subject to the provisions of paragraph 1(2)(i)
any claim for overnight expenses in connection with a stay outside
the UK shall be eligible for reimbursement only where the stay concerned
has been authorised in advance by the SPCB.
(4) A member is not eligible for an allowance
under this paragraph in connection with Parliamentary duties in Edinburgh.
(5) A member is not eligible for an allowance
under this paragraph in connection with Parliamentary duties within
his or her constituency or region.
(6) Where a member has spent or has commitments
to spend his or her Members' Support Allowance and the member can
establish to the satisfaction of the SPCB that there are very exceptional
circumstances which would justify an additional payment from this
allowance for overnight expenses outside Scotland but within the UK
as set out in paragraph 1(2)(d), or overnight expenses in Brussels/Strasbourg
as set out in paragraph 1(2)(i) application may be made to the
SPCB for its determination.
7. Employee Travel Allowance
(1) This paragraph applies only to employees paid
through the SPCB payroll service.
(2) Each member is eligible for an allowance in
respect of the travelling expenses incurred by his or her employees
on journeys:
- between the constituency or region from which
the member was returned, or the main residence of the employee,
and the Parliamentary complex; or
- within that constituency or region undertaken
in support of the member in undertaking his or her Parliamentary
duties; or
- a combination of (a) and (b).
(3) A journey shall be the sum of all such travel
completed within one day.
(4) The maximum number of journeys in relation
to which reimbursement may be claimed under this allowance in each
financial year shall be equivalent to twice the number of weeks that
the Parliament meets in that year, not including weeks when only committees
of the Parliament meet.
(5) The SPCB shall keep a record of each member's
entitlement to an allowance under this paragraph and its use to date.
(6) Daily commuting journeys by an employee to
and from his or her normal place of work do not qualify for payment
under this allowance.
8. Family Travel Allowance
(1) Each member is eligible for an allowance in
respect of the travelling expenses of 12 single journeys for each
financial year between his or her constituency, region or main residence
and Edinburgh for each member of his or her immediate family.
(2) In this paragraph, "immediate family" means—
(a) the member's spouse or another nominated
person; and
(b) any child under the age of 18; and
for the purposes of this paragraph "child" includes
any step child, adopted child, foster child or any other child living
with that member as part of his or her family.
(3) The SPCB shall keep a record of each member's
entitlement to an allowance under this paragraph and its use to date.
(4) In order to qualify for the family travel
allowance, a member must register with the SPCB who are his or her
immediate family eligible to take part in the Scheme.
9. Disability Allowances
(1) This and the following sub-paragraph apply
to any member whose ability to undertake his or her role as a member
is impaired by reason of disability.
(2) The SPCB may award an allowance up to a maximum
of £10,260 per session to a member for him or her to use in any way
which the SPCB decides is helpful to the member in undertaking his
or her work.
(3) Any member may apply to the SPCB for an allowance
to meet costs the member may incur in:
- making reasonable adjustments to his or her
local office to accommodate a member's employee who has a disability
and/or facilitating access for disabled members of the public;
- providing equipment and/or parking spaces for
disabled persons;
- facilitating meetings for disabled persons
by hiring (on an occasional basis) alternative office and meeting
premises; and
- contracting sign language interpreters for
meetings with members of the public;
and the SPCB may determine, from time to time,
such other services which qualify for consideration for payment from
this allowance.
10. Winding Up Allowance
(1) Where a member ceases to serve as a member
of the Parliament, he or she shall be eligible for a winding up allowance.
(2) The amount of the winding up allowance shall
be the equivalent of one third of the Members' Support Allowance payable
in any one financial year to which the member would otherwise have
been entitled.
ANNEX A
ALLOWANCES CODE
A Offices
(1) Each member will normally have one Parliamentary
office base within the area from which he or she was returned that
will be his or her registered local address for correspondence.
(2) Parliamentary offices may be acquired in
association with political party premises, but must be a clearly definable
office space. Party political material is not permitted to be externally
displayed in areas occupied by the Parliamentary office.
(3) Parliamentary offices should be suitable for
public access.
(4) Each member will be able to use offices/locations,
other than his or her main base, within the area for which he or she
was returned for surgery purposes.
B Activities
(1) Premises, or the relevant part of premises,
acquired as Parliamentary offices shall be used only for parliamentary
activities, and not for party business.
(2) During the hours that they are employed by
a member under his or her Members’ Support Allowance, a member's employees
may not undertake any significant party political activity.
(3) A member will be responsible to the SPCB for
his or her own activities and for the activities of his or her staff.
(4) Premises, or the relevant part of premises,
acquired as Parliamentary offices shall not be used as a base for
canvassing or election campaigning, or any party activity related
to elections.
(5) Parliamentary stationery and office equipment
must not be used for party purposes.
C Responsibilities
(1) A member has a duty to ensure that he or she
utilises the allowances to which he or she is eligible for the purpose
for which they were intended. This includes any allowances for which
he or she is eligible, but which are utilised by staff or immediate
family of the member. A member has the responsibility of ensuring
that his or her staff and volunteers adhere to the terms of this Code.
(2) A member has a duty to ensure that he or she
adheres to the terms of this code in spirit and in practice.
ANNEX B
ELIGIBILITY FOR EDINBURGH ACCOMMODATION
ALLOWANCES
Group One
Edinburgh West
Edinburgh Pentlands
Edinburgh Central
Edinburgh North & Leith
Edinburgh South
Edinburgh East & Musselburgh
Linlithgow
Livingston
Midlothian
Group Two
East Lothian
North East Fife
Central Fife
Kirkcaldy
Dunfermline East
Dunfermline West
Ochil
Falkirk East
Falkirk West
Cumbernauld & Kilsyth
Airdrie & Shotts
Coatbridge & Chryston
Hamilton North & Bellshill
Motherwell & Wishaw
Hamilton South
Glasgow Anniesland
Glasgow Baillieston
Glasgow Cathcart
Glasgow Govan
Glasgow Kelvin
Glasgow Maryhill
Glasgow Pollok
Glasgow Rutherglen
Glasgow Shettleston
Glasgow Springburn
Strathkelvin & Bearsden
Paisley North
Paisley South
Stirling
Perth
Dundee East
Dundee West
Tweeddale, Ettrick and Lauderdale
Group Three
Aberdeen Central
Aberdeen North
Aberdeen South
Aberdeenshire West & Kincardine
Angus
Argyll and Bute
Ayr
Banff & Buchan
Caithness, Sutherland & Easter Ross
Carrick, Cumnock & Doon Valley
Clydesdale
Clydebank & Milngavie
Cunninghame North
Cunninghame South
Dumbarton
Dumfries
East Kilbride
Eastwood
Galloway and Upper Nithsdale
Gordon
Greenock & Inverclyde
Inverness East Nairn & Lochaber
Kilmarnock & Loudon
Moray
North Tayside
Orkney
Renfrewshire West
Ross, Skye & Inverness West
Roxburgh & Berwickshire
Shetland
Western Isles
ANNEX C
ELIGIBILITY FOR EXCEPTIONAL
NEEDS ALLOWANCE
A: Constituencies of over 250,000 hectares
Argyll & Bute
Caithness, Sutherland & Easter Ross
Galloway & Upper Nithsdale
Inverness East, Nairn & Lochaber
North Tayside
Ross, Skye and Inverness West
Roxburgh & Berwickshire
West Aberdeenshire and Kincardine
Western Isles
B: Constituencies which contain significant
island communities
Orkney
Shetland
Cunninghame North
C: The largest regions
Highlands & Islands
North East Scotland
South of Scotland
Mid Scotland and Fife."
*S1M-2023 Fiona Hyslop:
Central Heating for the Elderly—That the Parliament notes the
introduction of a national central heating installation programme
announced by the Scottish Executive on 19 September 2000; welcomes
the principle of the programme, but expresses regret that the original
amount of money announced to be invested in the programme was exaggerated,
that those living in public housing in proposed stock transfer areas
have been barred from participation, that the definition of eligibility
to take part has been drawn too tightly and that those with old, ineffective,
broken or partial heating systems have been excluded; believes that
the Scottish Executive should come forward with an accurate appraisal
of the investment available for the programme and new eligibility
criteria which expand the range of people able to participate, and
further believes that the programme should include those living in
the public sector in proposed stock transfer areas and those with
old, ineffective, broken or partial heating systems.
Supported by: Linda Fabiani*,
Mr Kenneth Gibson*, Tricia Marwick*, Richard Lochhead*,
Kay Ullrich*
*S1M-2022# Mr John
McAllion: Crown Prosecution and the Piper Alpha Disaster—That
the Parliament notes that, following the publication of the Cullen
Inquiry into the Piper Alpha Disaster, the Crown Office decided not
to prosecute the Occidental Oil Company; congratulates Mr Gavin Cleland
for his unceasing campaign to hold successive Lord Advocates to account
for this decision, and believes that the relationship between the
Parliament and the Crown Office requires further consideration in
the light of decisions on the prosecution of companies over breaches
of health and safety legislation.
*S1M-2021 Henry McLeish:
His Eminence Cardinal Thomas Joseph Winning—That the Parliament
expresses its deepest condolences to family and friends of the late
Cardinal Thomas Winning, Archbishop of Glasgow and President of the
Bishops’ Conference of Scotland; recognises the strength and integrity
of his contribution to debate on issues of public concern, and remembers
his devoted leadership of the Roman Catholic community over 30 years
and the unique and distinguished contribution which he made to public
life in Scotland.
Supported by: Mr Jim Wallace*,
Mr John Swinney*, David McLetchie*
*S1M-2020 Michael Russell:
Committee to examine amendments to the Scotland Act 1998—That
the Parliament calls upon the Parliamentary Bureau to propose the
establishment of a special committee to consider any amendments to
the Scotland Act 1998 proposed by Her Majesty’s Government or any
Westminster MP and to report on such amendments to the Scottish Parliament
prior to such amendments being debated at Westminster, in order that
the views of the Scottish Parliament on these matters can be expressed
to Westminster.
S1M-2019 Clyde Shipyard Workers
(lodged on 18 June 2001) Bill Butler*, Mr John McAllion*,
Donald Gorrie*, Marilyn Livingstone*
S1M-2018# National Refugee
Week (lodged on 18 June 2001) Dr Elaine Murray*, Bill Butler*,
Mr John McAllion*, Donald Gorrie*
S1M-2017 National Kidney Research
Fund 40th Anniversary (lodged on 15 June 2001) Alex Neil*,
Dr Elaine Murray*, Dr Sylvia Jackson*, Mr John McAllion*,
Pauline McNeill*, Donald Gorrie*, Mrs Mary Mulligan*,
Cathy Jamieson*, Fergus Ewing*, Michael Russell*
S1M-2016 National Transplant
Week (lodged on 15 June 2001) Dr Sylvia Jackson*, Mr John
McAllion*, Pauline McNeill*, Donald Gorrie*,
Mrs Mary Mulligan*, Cathy Jamieson*, Fergus Ewing*,
Michael Russell*
S1M-2015# University of Glasgow
Honours Course in Scottish Politics (lodged on 14 June 2001) Mr
Lloyd Quinan*, Mr Gil Paterson*, Mr Adam Ingram*,
Alex Neil*, Michael Matheson*, Mr John McAllion*,
Fergus Ewing*, Michael Russell*
S1M-2014 Arctic Convoy Medal
(lodged on 14 June 2001) Mr Lloyd Quinan*, Mr Gil Paterson*,
Mr Adam Ingram*, Alex Neil*, Michael Matheson*,
Donald Gorrie*, Fergus Ewing*, Michael Russell*
S1M-2013 Soweto Day (lodged
on 14 June 2001) Alex Neil*, Michael Matheson*, Dr Sylvia
Jackson*, Mr John McAllion*, Donald Gorrie*,
Cathy Jamieson*, Fergus Ewing*, Michael Russell*
S1M-2011# Borders Education
Crisis (lodged on 13 June 2001) Fergus Ewing*
S1M-2010 The Scottish Working
People's History Society (lodged on 13 June 2001) Dr Elaine Murray*,
Dr Sylvia Jackson*, Mr John McAllion*, Pauline McNeill*,
Donald Gorrie*, Mrs Mary Mulligan*, Michael Russell*
S1M-2009 The Scottish Labour
History Society (lodged on 13 June 2001) Dr Elaine Murray*,
Mr John McAllion*, Pauline McNeill*, Donald Gorrie*,
Mrs Mary Mulligan*, Cathy Jamieson*, Michael Russell*,
Dr Sylvia Jackson*
S1M-1999# Recognition of the
Rights of Children and Young People (lodged on 11 June 2001) Mr
Lloyd Quinan*, Mr Gil Paterson*, Mr Adam Ingram*,
Dr Sylvia Jackson*, Mr John McAllion*, Pauline McNeill*,
Donald Gorrie*, Fergus Ewing*, Michael Russell*
S1M-1998# Forth & Clyde
Canal (lodged on 6 June 2001) Alex Neil*, Dr Sylvia Jackson*,
Mr John McAllion*, Fergus Ewing*, Michael Russell*
S1M-1997 Contribution of the
Open University to Lifelong Learning (lodged on 6 June 2001) Mr
John McAllion*, Michael Russell*
S1M-1996# Residential Home
Closures (lodged on 6 June 2001) Fergus Ewing*
S1M-1988 IBM: 50 Years in
Greenock (lodged on 1 June 2001) Bill Butler*, Mr John
McAllion*
S1M-1987# Scottish Civic Trust
and Buildings at Risk (lodged on 1 June 2001) Mr John McAllion*
S1M-1986 Action on International
Debt (lodged on 1 June 2001) Mr Lloyd Quinan*, Mr Gil Paterson*,
Mr Adam Ingram*, Bill Butler*, Dr Sylvia Jackson*,
Mr George Reid*, Mr John McAllion*, Fergus Ewing*,
Cathy Jamieson*, Michael Russell*
S1M-1985 Parliament Railway
Station (lodged on 31 May 2001) Michael Russell*
S1M-1978# Dementia Awareness
Week, 4-9 June 2001 (lodged on 30 May 2001) Dr Sylvia Jackson*,
Mr John McAllion*, Fergus Ewing*, Michael Russell*
S1M-1976# National Carers'
Week: 11-17 June 2001 (lodged on 29 May 2001) Christine Grahame*,
Dr Sylvia Jackson*, Mr John McAllion*, Fergus Ewing*,
Michael Russell*
S1M-1971# Scotland CAN (Cleaner
Air Now) (lodged on 29 May 2001) Dr Sylvia Jackson*, Mr
John McAllion*
S1M-1970# Endometriosis
(lodged on 29 May 2001) Mr John McAllion*, Fergus Ewing*,
Michael Russell*
S1M-1967 Stobhill Hospital
Industrial Action (lodged on 24 May 2001) Mr John McAllion*
S1M-1964 Centenary of Donibristle
Pit Disaster (lodged on 24 May 2001) Mr John McAllion*
S1M-1963# Epilepsy (lodged
on 23 May 2001) Dr Sylvia Jackson*, Mr John McAllion*,
Fergus Ewing*
S1M-1959# Young Carers
(lodged on 23 May 2001) Dr Sylvia Jackson*, Mr John McAllion*,
Fergus Ewing*
S1M-1947 National Missile
Defence System (lodged on 18 May 2001) Mr John McAllion*
S1M-1946 National Childcare
Week (lodged on 18 May 2001) Mr John McAllion*
S1M-1943 The Disability Claim
Form (lodged on 17 May 2001) Fergus Ewing*
S1M-1942 PETA's Irresponsible
Campaign Against Milk and Dairy Products (lodged on 17 May 2001)
Fergus Ewing*
S1M-1930# National Autistic
Society Report 2001 (lodged on 15 May 2001) Mr John McAllion*,
Fergus Ewing*
S1M-1928 International Nurses'
Day 2001 (lodged on 10 May 2001) Fergus Ewing*
S1M-1925# European Year of
Languages and BSL (lodged on 10 May 2001) Fergus Ewing*
S1M-1915 Caithness General
Hospital (lodged on 8 May 2001) Fergus Ewing*
S1M-1895# Gaelic-Medium Education
(lodged on 1 May 2001) Christine Grahame*, Fergus Ewing*
S1M-1879 Psychiatric Drugs
and Prescription Charges (lodged on 26 April 2001) Fergus Ewing*
S1M-1738# The Stigma of Mental
Illness (lodged on 9 March 2001) Christine Grahame*
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