Note: (DT) signifies a decision taken at Decision
Time.
The meeting opened at 9.30 am.
1. Ministerial Statement: The Minister for
Enterprise and Lifelong Learning made a statement on the Review
of Enterprise Network.
2. Modernisation in the NHS: The Minister
for Health and Community Care moved S1M-1091-That the Parliament
recognises the Scottish Executive's commitment to the NHS in Scotland
and to improving the health of the Scottish people; supports the
Scottish Executive's commitment to build on the founding principles
of the NHS and to providing a modern health service designed around
the needs of patients; recognises that the delivery of a modern
NHS requires both resources and reform; welcomes the Scottish Executive's
commitment to target its record investment in the NHS to areas of
greatest need and to those changes which have greatest benefits
for patients, and supports the Scottish Executive's plans for the
modernisation of the NHS in Scotland.
Kay Ullrich moved amendment S1M-1091.1 to motion S1M-1091-
Leave out from first "Scottish" to end and
insert-
"failure of the Scottish Executive to tackle
the chronic problems which currently exist in the health service
in Scotland; calls upon the First Minister to take immediate action
to address the situation; condemns the mismanagement and inaction
on the part of the Executive, and demands new and imaginative methods
of ensuring that the NHS in Scotland is run on the basis of patient
need and not political expediency."
After debate, the amendment was disagreed to ((DT)
by division: For 50, Against 64, Abstentions 0).
Mary Scanlon moved amendment S1M-1091.2 to motion
S1M-1091-
Leave out from first "the Scottish" to end
and insert-
"that the delivery of a modern NHS requires both
resources and reform; calls upon the Scottish Executive to abandon
those policies which foster a spirit of divisiveness, to adopt policies
which will restore the morale of the health service workers at all
levels and to work with medical professionals and relevant authorities
to address the need for investment in equipment and training and
ensure that the £135 million underspend is fully committed to benefit
patient care, and further calls for the development of a new approach
to long-term and community care through unified health and social
work budgets."
After debate, the amendment was disagreed to ((DT)
by division: For 18, Against 65, Abstentions 32).
The motion was then agreed to ((DT) by division: For
64, Against 51, Abstentions 0).
3. Government Resources and Accounts Bill: The
Minister for Finance moved S1M-1072-That the Parliament endorses
the principle of the creation of Partnerships UK; agrees that the
Scottish Ministers should have the power to take a financial interest
in that body to ensure that Scottish interests are safeguarded,
and agrees that the relevant provisions in the Government Resources
and Accounts Bill should be considered by the UK Parliament.
After debate, the motion was agreed to ((DT) by division:
For 84, Against 5, Abstentions 27).
4. Business Motion: Mr Tom McCabe, on behalf
of the Parliamentary Bureau, moved S1M-1085-That the Parliament
agrees the following programme of business-
Wednesday 6 September 2000
2.30 pm Time for Reflection
followed by Business Motion
followed by Parliamentary Bureau Motions
followed by Stage 3 Debate on the Regulation
of Investigatory Powers (Scotland) Bill
5.00 pm Decision Time
followed by Members' Business
Thursday 7 September 2000
9.30 am Executive Business
followed by Business Motion
2.30 pm Question Time
3.10 pm First Minister's Question Time
3.30 pm Executive Business
followed by Parliamentary Bureau Motions
5.00 pm Decision Time
followed by Members' Business
The motion was agreed to.
5. Question Time: Questions were answered
by the Deputy First Minister and Minister for Justice and other
Scottish Ministers and junior Scottish Ministers.
6. Code of Conduct for Members: Relationships
Between MSPs: Mr Mike Rumbles, on behalf of the Standards Committee,
moved S1M-1087-That the Parliament agrees to amend the Code of Conduct
for Members of the Scottish Parliament as follows-
a) in Section 9.2, after "Equal Opportunities",
insert:
'Relationships Between MSPs
9.2.3 The Scottish Parliament consists of both
constituency and regional list MSPs. All MSPs have equal formal
and legal status. Guidance on the relationships between MSPs
is attached as Annexe 5';
b) renumber all following paragraphs accordingly,
and
c) as Annexe 5 to the Code, insert the following:
RELATIONSHIPS BETWEEN MSPs: GUIDANCE FROM THE PRESIDING
OFFICER
1. This note offers guidance to Members on handling
constituency interests. It aims to build on the close and constructive
relationships developing between Members in Parliament. It has been
agreed after work by an all-party group which reported to the Presiding
Officer and in consultation with the business managers of the main
parties. Further guidance will be issued in due course on the working
relationships between MSPs and MPs.
2. Some of the guidance is presented as if being addressed
to constituents or agencies. It is intended therefore to make available
to the wider Scottish public in appropriate forms.
3. Members must ensure that their staff in the Parliament
and locally, and others working on their behalf with constituents
and agencies, are aware of, and conform to, this guidance.
Key principles
4. The guidance is founded on five key principles:
I one constituency MSP and seven list MSPs
who are elected in the wider region. All eight MSPs have a duty
to be accessible to the people of the areas for which they have
been elected to serve and to represent their interests conscientiously.
II the wishes of constituents and/or the
interests of a constituency or locality are of paramount importance.
III All MSPs have equal
formal and legal status.
IV MSPs should not misrepresent the basis
on which they are elected or the area they serve.
V No MSP should deal with a matter relating
to a constituent, constituency case or constituency issue outwith
his or her constituency or region (as the case may be), unless
by prior agreement.
5. What follows is guidance on how those principles
should be applied in practice.
Dealing with individual constituents' cases
6. The basic principle is that the wishes of the
constituent are paramount. In particular, a constituent has the
right to approach his or her constituency MSP, or any of the seven
regional MSPs elected in his or her region. They also have the right
to expect an MSP to take on a case though the MSP must be able to
judge how best to do so. It is expected, however, that, in practice,
the usual point of contact for a constituent raising a specific
personal or local matter will be his or her constituency MSP. In
the event that a regional ('list') MSP does raise a constituency
case (for example with a Minister or local authority) he or she
must notify the relevant constituency MSP at the outset unless the
consent of the constituent is withheld. A suggested pro-forma for
this purpose is attached at Appendix A.
7. Ministers or agencies such as local authorities
and health boards, who are in correspondence with MSPs on such constituency
issues, should not notify other MSPs representing the area. That
would breach the confidential nature of the relationship between
constituent and MSP. The only exception is where constituency cases
raise more general issues of relevance to the whole constituency
or area. In those circumstances, a Minister or agency may judge
it appropriate to notify other MSPs with an interest of the general
issue. They should not, however, refer to, or identify, individual
constituents in doing so. Staff working on behalf of Ministers or
agencies should be made aware of and apply these guidelines.
Dealing with Ministers
8. Any Member is entitled to raise with the relevant
Minister in the Scottish Executive a matter on behalf of a constituent
in the area for which they were elected. The Minister would be expected
only to reply to the MSP raising the matter. It is for that MSP
to notify others, taking into account, of course, the views of the
constituent as in paragraph 6 above. The guidance on relationships
between MPs and MSPs will contain further guidance on dealing with
Ministers, especially those of the UK Government.
9. Ministers planning to visit constituencies should,
as a matter of course, only notify the constituency MSP. At their
discretion, they may also notify regional Members representing the
area.
Dealing with constituency/regional issues
10. Any MSP is entitled to take an interest in
or take up a matter affecting the constituency or region for which
they were elected. MSPs are likely to have a greater impact where
they work collectively for a common cause, as their constituents
would expect them to. That may not be possible in some instances
because of perfectly legitimate political differences but MSPs may
wish to contact one another, as a matter of courtesy, where they
are involved or planning to become involved in a major local issue.
Dealing with local agencies and dealing with national
agencies operating locally
11. Any MSP elected to represent an area has the right
to be expected to be consulted as appropriate by local or national
agencies operating in that area. It is recognised that this might
involve such agencies (NDPBs, local authorities, health boards etc)
in dealing with potentially large numbers of MSPs, in particular,
where agency boundaries cross regional boundaries. The expectation
therefore is that the constituency Member or Members will be involved
as a matter of course and that agencies will make appropriate arrangements
to maintain contact and consult with regional list MSPs which have
relevant regional representation perhaps through a representative
regional list MSP nominated by each party. Agencies are free to
inform or consult these nominated members either jointly with constituency
members, or separately. This does not affect the right of any Member
representing a constituency or area to raise a matter on behalf
of a constituent.
School visits
12. Where schools visit the Parliament, constituency
Members should be invited to attend as a matter of course. The Education
Centre in the Parliament should notify regional Members who will
be expected to agree on a maximum of one regional Member from each
party within the region to attend such visits.
Telephone enquiries
13. Members of the public calling the Parliament's
public enquiry unit for a particular Member or the Member for a
particular constituency will be put through only to the Member concerned.
If the Member is unavailable the person calling will be given the
option of leaving a message. Members of the public will not be put
through to regional Members where constituency Members are unavailable
unless they ask to speak to a named regional Member.
Describing Members
14. Regional Members and constituency Members must
describe themselves accurately so as not to confuse those with whom
they deal.
Constituency Members should always describe themselves
as:
"[Name], Member of the Scottish Parliament
for [x] constituency."
Regional Members should always describe themselves
as:
"[Name], Member of the Scottish Parliament
for [y] region."
15. Regional Members must not describe themselves
as a "local" Member for (or having a particular interest
in) only part of the region for which they were elected. Constituency
Members should not describe themselves as the sole MSP for a particular
area or constituency. Guidance for Members on regional and constituency
office signage can be found in section 5 of the document 'Standards
and Procedures for Use of the Scottish Parliament Logo and Stationery'.
This document is located on SPEIR at the following address: http://intranet/speir/isystems/msp-bdgl.htm#5.
Further guidance may be issued by the Presiding Officer as appropriate
in the context of a period prior to an election.
16. Members are obviously aware that, once elected,
they represent all the people living in their constituency or region.
For that reason members are strongly discouraged from identifying
party affiliation on stationery and other items provided out of
public funds including Parliament headed letter paper, surgery advertisements
and business cards.
Regional Members operating in their regions
17. It follows from the first and second principles
and from what is said above that regional Members have responsibility
to all those in the region for which they were elected. It is important
therefore that they recognise this in the way in which they operate
within the region. This is an issue of fundamental importance in
the relationship between constituency and regional Members. The
following is of critical relevance in dealing with any complaints
regarding these matters. Regional Members are expected to work in
more than 2 constituencies within their region. Evidence that they
were doing so would include holding surgeries in more than 2 constituencies
(though regional Members do have the option of holding surgeries
in their Party's regional office only) and dealing with local authorities
and other agencies and constituents in more than 2 constituencies
within their region. Regional Members would also, of course, be
expected to deal (as appropriate) with any matter raised by any
constituent within their region.
MSPs' staff
18. Members should ensure that staff working on their
behalf are aware of and apply these guidelines.
Enforcement
19. Any complaint against a Member (including one
about their staff or others working for them) in respect of this
guidance should in the first instance be made to the Presiding Officer.
The Presiding Officer will, as appropriate, contact the Member or
Members involved and, if necessary, their respective Party Business
Managers. Where the matter cannot be resolved informally in this
way, where the matter is of sufficient seriousness to warrant a
more formal investigation, or where any MSP directly involved remains
dissatisfied the Presiding Officer will raise the matter with the
Convener of the Standards Committee. The Standards Committee would
then consider the matter as it judges appropriate in accordance
with its procedures and its remit to consider and report on the
conduct of members in carrying out their Parliamentary duties. It
is fundamental to the success of this document that the Standards
Committee will as a matter of course, treat all breaches of these
principles with the utmost seriousness. Members should note that
raising matters in any way other than that described above (in particular
via the media) may well prejudice their case.
APPENDIX A
Member for [X] Constituency
Scottish Parliament
EDINBURGH
EH99 1SP
(or Constituency address as appropriate)
MATTER RAISED BY [NAME OF CONSTITUENT]
I am writing to notify you that [name of constituent]
has raised a matter concerning [brief general description of issue]
with me. I am taking this forward as appropriate.
[Name of Regional Member]
The motion was agreed to (DT).
7. Political Parties, Elections and Referendums
Bill: The Deputy Minister for Local Government moved S1M-1073-That
the Parliament endorses the principle of replacing section 93 of
the Representation of the People Act 1983 with a provision placing
a duty on broadcasters to draw up a code of practice as respects
the involvement of candidates in broadcasts pending an election,
and agrees that provision to this end in the case of local government
elections in Scotland should be considered by the United Kingdom
Parliament as part of the Political Parties, Elections and Referendums
Bill.
The motion was agreed to (DT).
8. Witnesses Expenses and Allowances: Robert
Brown, on behalf of the Scottish Parliamentary Corporate Body, moved
S1M-1086-That the Parliament determines that-
(a) allowances and expenses in respect of the matters
set out in column (1) below be paid or payable, as the case may
be, in accordance with Rule 2.6.2 or 12.4.3 of the Standing Orders,
as the case may be, to a person who attends proceedings of the Parliament
for the purpose of giving evidence or who produces documents in
his or her custody or under his or her control;
(b) said allowances and expenses be at the rates set
out in column (2) opposite the respective entries in column (1);
(c) the rates set out in column (2) be uprated in
accordance with column (3);
(d) the SPCB be directed to issue guidance and provide
claim forms in connection with the payment of such allowances and
expenses; and
(e) that the qualifying date for such expenses and
allowances be 1 July 1999.
|
Column (1)
Allowances and expenses
|
Column (2)
Rate of payment
|
Column (3)
Uprating provision
|
|
Travelling expenses, using public transport
including taxi and plane (for plane with prior approval);
or by private car, motor cycle or pedal cycle.
|
Public transport, actual fare Private car: 36p
per mile Motor cycle: 23p per mile Pedal cycle: 12p per mile.
|
Annually on 1 April based on the Retail Price
Index
|
|
Subsistence costs that is the costs of meals
and other subsistence required and of overnight accommodation.
|
Actual costs up to a maximum of -
overnight:- £80;
daytime -
under 5 hours: nil
5 - 10 hours: £4.25
10 hours or over: £9.30
|
As above
|
|
Loss of earnings
|
Actual sum lost up to a maximum of £160 per
half day including travelling time, but not where the witness
is giving evidence in the course of his or her employment
|
As above
|
|
Travelling expenses, subsistence costs and loss
of earnings, of any person, who is acting as a carer, whom
the person attending the proceedings of the Parliament to
give evidence requires to accompany him or her
|
Travelling expenses and subsistence: as above.
Loss of earnings: actual sum lost up to a maximum
of £160 per half day including travelling time.
|
As above
|
|
Childcare costs, specially incurred
|
£2.50 per hour.
|
As above
|
|
Photocopying documents which are required or
invited to be produced and any other reasonable costs associated
with the production of such documents.
|
Actual photocopying costs up to a maximum of
10p per sheet.
Postage at cost.
|
As above
|
Dr Richard Simpson moved amendment S1M-1086.1 to motion
S1M-1086-
In the line beginning "childcare costs, specially
incurred", in column (2), leave out "£2.50 per hour"
and insert "up to £5 per hour".
The amendment was agreed to (DT).
The motion as amended was then agreed to (DT).
Accordingly, the Parliament resolved-That the Parliament
determines that-
(a) allowances and expenses in respect of the matters
set out in column (1) below be paid or payable, as the case may
be, in accordance with Rule 2.6.2 or 12.4.3 of the Standing Orders,
as the case may be, to a person who attends proceedings of the Parliament
for the purpose of giving evidence or who produces documents in
his or her custody or under his or her control;
(b) said allowances and expenses be at the rates set
out in column (2) opposite the respective entries in column (1);
(c) the rates set out in column (2) be uprated in
accordance with column (3);
(d) the SPCB be directed to issue guidance and provide
claim forms in connection with the payment of such allowances and
expenses; and
(e) that the qualifying date for such expenses and
allowances be 1 July 1999.
|
Column (1)
Allowances and expenses
|
Column (2)
Rate of payment
|
Column (3)
Uprating provision
|
|
Travelling expenses, using public transport
including taxi and plane (for plane with prior approval);
or by private car, motor cycle or pedal cycle.
|
Public transport, actual fare Private car: 36p
per mile Motor cycle: 23p per mile Pedal cycle: 12p per mile.
|
Annually on 1 April based on the Retail Price
Index
|
|
Subsistence costs that is the costs of meals
and other subsistence required and of overnight accommodation.
|
Actual costs up to a maximum of -
overnight:- £80;
daytime -
under 5 hours: nil
5 - 10 hours: £4.25
10 hours or over: £9.30
|
As above
|
|
Loss of earnings
|
Actual sum lost up to a maximum of £160 per
half day including travelling time, but not where the witness
is giving evidence in the course of his or her employment
|
As above
|
|
Travelling expenses, subsistence costs and loss
of earnings, of any person, who is acting as a carer, whom
the person attending the proceedings of the Parliament to
give evidence requires to accompany him or her
|
Travelling expenses and subsistence: as above.
Loss of earnings: actual sum lost up to a maximum
of £160 per half day including travelling time.
|
As above
|
|
Childcare costs, specially incurred
|
Up to £5 per hour.
|
As above
|
|
Photocopying documents which are required or
invited to be produced and any other reasonable costs associated
with the production of such documents.
|
Actual photocopying costs up to a maximum of
10p per sheet.
Postage at cost.
|
As above
|
9. Decision Time:
The Parliament took a decision
on items 2, 3, 6, 7 and 8 as noted above.
10. University of the Highlands and Islands:
The Parliament debated S1M-1009 in the name of George Lyon-That
the Parliament notes with concern that UHI, the company promoting
the University of the Highlands and Islands project, has not yet
been designated as a provider of higher education, eligible for
funding by the Scottish Higher Education Funding Council; notes
that this is a flagship project for the Highlands and Islands and
a long held dream by many of its communities, and gives its wholehearted
support to this vitally important project.
The meeting closed at 5.45 pm.
P E Grice
Clerk of the Parliament
6 July 2000
Appendix
(Note: this Appendix does not form part of the Minutes)
Subordinate Legislation
Negative Instruments
The following instrument was laid before the Parliament
on 6 July 2000 and is subject to annulment
The Prohibition of Fishing with Multiple Trawls
(Scotland) Order 2000 (SSI 2000/226)
laid under the Sea Fish (Conservation) Act
1967
Not Subject to any Parliamentary Procedure
The following instrument was laid before the Parliament
on 6 July 2000 and is not subject to any Parliamentary procedure
The Sea Fish (Specified Sea Areas) Regulation
of Nets and Other Fishing Gear) (Scotland) Order 2000 (SSI 2000/227)
laid under the Sea Fish (Conservation) Act
1967
Other Documents
The following documents were laid before the Parliament
on 6 July 2000 and is not subject to any Parliamentary procedure
Scottish Tourist Board Accounts
1999-2000 (SE/2000/83)
laid under the Development of Tourism Act
1969
Industrial Development Act 1992: Annual Report
by the Secretaries of State for Trade and Industry, Scotland
and Wales, The First Minister of the Scottish Parliament and
the First Secretary of the National Assembly for Wales, for
the year ended 31 March 2000 (SE/2000/85)
laid under the Industrial Development Act
1982
Committee Reports
The following Reports are being published on 7 July
2000-
Audit Committee, 4th Report 2000:
Scottish Enterprise: Skillseekers Training for Young People
(SP Paper 166)
Finance Committee, 12th Report 2000:
The Finance Functions of the Scottish Executive (SP Paper 167)