Vol. 3, No. 11 Session 1
Meeting of the Parliament
Thursday 21 June 2001
Note: (DT) signifies a decision taken at Decision Time.
The meeting opened at 9.30 am.
1. Scotland’s Place in the World: Mr John Swinney moved S1M-2030—That the Parliament welcomes the political declaration by the governments of Bavaria, Catalonia, North Rhine-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.
The Minister for Education, Europe and External Affairs moved amendment S1M-2030.2 to motion S1M-2030—
Leave out from "calls upon" to end and insert—
"recognises that such initiatives play a part in Scotland enjoying profile and influence in Europe and the rest of the world as a dynamic country within the United Kingdom, and firmly rejects the view that Scotland can only achieve international prominence by separating itself from the United Kingdom."
After debate, the amendment was agreed to ((DT) by division: For 67, Against 52, Abstentions 0).
Ben Wallace moved amendment S1M-2030.1 to motion S1M-2030—
Leave out from "welcomes" to end and insert—
"expresses its concern at the signing by the First Minister of the political declaration by the constitutional regions of Bavaria, Catalonia, North Rhine-Westphalia, Salzburg, Scotland, Wallonia and Flanders without prior consultation with or intimation to the Parliament; notes that the content of the declaration contradicts Her Majesty’s Government’s policy and undermines the sovereignty of the United Kingdom, and further affirms that Scotland’s position is best represented within the union that is the United Kingdom, which brings economic, social and cultural benefits to the people."
After debate, the amendment was disagreed to ((DT) by division: For 18, Against 102, Abstentions 0).
The motion as amended was then agreed to ((DT) by division: For 69, Against 50, Abstentions 0).
Accordingly, the Parliament resolved—That the Parliament welcomes the political declaration by the governments of Bavaria, Catalonia, North Rhine-Westphalia, Salzburg, Scotland, Wallonia and Flanders on the future of the European Union, signed by the First Minister on 28 May 2001; recognises that such initiatives play a part in Scotland enjoying profile and influence in Europe and the rest of the world as a dynamic country within the United Kingdom, and firmly rejects the view that Scotland can only achieve international prominence by separating itself from the United Kingdom.
2. Central Heating for Elderly People: Fiona Hyslop moved S1M-2023—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.
The Minister for Social Justice moved amendment S1M-2023.2 to motion S1M-2023—
Leave out "notes" to end and insert—
"commends the Scottish Executive for its commitment to ensuring that all elderly households and all households in the social rented sector in Scotland have central heating by April 2005, one year earlier than anticipated, for the proposed extension of the scheme currently under consideration, for the investment it has already made through the Warm Deal in providing insulation to 80,000 homes occupied by vulnerable households, for the provisions within the Housing (Scotland) Bill which extend the scope of the improvement grant system to include energy efficiency measures, for the provisions within the Housing (Scotland) Bill which require Scottish Ministers and local authorities to set out what they will do to address fuel poverty and for the investment in local authority and housing association property to improve housing quality."
Bill Aitken moved amendment S1M-2023.1 to motion S1M-2023—
Leave out from "that those living" to end.
After debate, amendment S1M-2023.2 was agreed to ((DT) by division: For 67, Against 52, Abstentions 1). As a result, amendment S1M-2023.1 was pre-empted.
The motion as amended was then agreed to ((DT) by division For 67, Against 23, Abstentions 30).
Accordingly, the Parliament resolved—That the Parliament commends the Scottish Executive for its commitment to ensuring that all elderly households and all households in the social rented sector in Scotland have central heating by April 2005, one year earlier than anticipated, for the proposed extension of the scheme currently under consideration, for the investment it has already made through the Warm Deal in providing insulation to 80,000 homes occupied by vulnerable households, for the provisions within the Housing (Scotland) Bill which extend the scope of the improvement grant system to include energy efficiency measures, for the provisions within the Housing (Scotland) Bill which require Scottish Ministers and local authorities to set out what they will do to address fuel poverty and for the investment in local authority and housing association property to improve housing quality.
3. Ministerial Statement: The Minister for Finance and Local Government made a statement on Modernising Government: Non-Departmental Public Bodies.
4. Business Motion: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2026—That the Parliament agrees:
(a) 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 2001/23.
The motion was agreed to.
5. Question Time: Questions were answered by the First Minister and other Ministers and junior Scottish Ministers.
6. Holyrood Project: Des McNulty, on behalf of the Scottish Parliamentary Corporate Body, moved S1M-2012—That the Parliament notes the terms of the Scottish Parliamentary Corporate Body’s (SPCB) report of 13 June 2001; notes that £60 million of the construction costs for the new Parliament building has been committed to date and that a further £57 million (at 1998 prices) remains to be let; further notes that building industry inflation is currently estimated to be adding at least 16% to the costs of packages remaining to be let and that under the construction management contract there are additional and not fully quantifiable risks to which the project may be exposed between now and completion; directs the SPCB, through the Holyrood Progress Group, to work with the design and project teams to complete the project without compromising quality, while managing risks rigorously, and requires the SPCB, on a quarterly basis, to provide information to the Parliament’s Finance Committee on the progress of the project in respect of inflation and materialisation of risk in order to inform the committee’s consideration of the annual Budget Bill.
Michael Russell moved amendment S1M-2012.3 to motion S1M-2012—
After "rigorously" insert –
"calls on the Scottish Executive to work with the SPCB to agree a financial plan for the completion of the project which has no adverse implications for revenue expenditure on public services in Scotland and which recognises that the project must be funded through normal procedures for major capital works, for example through borrowing at government rates; further demands that the Scottish Executive appoint a minister to attend the progress group in order to engage the Executive fully in the project and its financing; notes that the financial and other problems of the project now being tackled by the progress group are a result of deeply flawed decisions made by Westminster politicians prior to the establishment of the Parliament and by repeated misinformation thereafter from New Labour and the Scottish Executive on the likely costs of the project,"
After debate, the amendment was disagreed to ((DT) by division: For 33, Against 84, Abstentions 3).
David McLetchie moved amendment S1M-2012.1 to motion S1M-2012—
Leave out from "without" to end and insert—
"within the previously approved cost ceiling of £195 million, and to this end calls on the Scottish Parliamentary Corporate Body in conjunction with the Scottish Executive to consider alternative methods of funding elements of the project through partnership with the private sector which will achieve that cost target and avoid cuts in other budgets."
After debate, the amendment was disagreed to ((DT) by division: For 19, Against 100, Abstentions 1).
The motion was then agreed to ((DT) by division: For 75, Against 33, Abstentions 10).
7. Members Allowances, Equipment and Furniture Schemes: Des McNulty, on behalf of the Scottish Parliamentary Corporate Body, moved S1M-2034 —That the Parliament
This is the Equipment and Furniture Scheme referred to in the foregoing motion.
"The Equipment and Furniture Scheme
(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.
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."
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:
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: -
(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: -
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: -
(8) Where a member establishes an office under sub-paragraph (2)(b) the allowance shall be used for the following: -
(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:
(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: -
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:
(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
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:
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:
(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:
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.
(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.
(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.
(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.
ELIGIBILITY FOR EDINBURGH ACCOMMODATION ALLOWANCES
Edinburgh North & Leith
Edinburgh East & Musselburgh
North East Fife
Cumbernauld & Kilsyth
Airdrie & Shotts
Coatbridge & Chryston
Hamilton North & Bellshill
Motherwell & Wishaw
Strathkelvin & Bearsden
Tweeddale, Ettrick and Lauderdale
Aberdeenshire West & Kincardine
Argyll and Bute
Banff & Buchan
Caithness, Sutherland & Easter Ross
Carrick, Cumnock & Doon Valley
Clydebank & Milngavie
Galloway and Upper Nithsdale
Greenock & Inverclyde
Inverness East Nairn & Lochaber
Kilmarnock & Loudoun
Ross, Skye & Inverness West
Roxburgh & Berwickshire
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
Ross, Skye and Inverness West
Roxburgh & Berwickshire
West Aberdeenshire and Kincardine
B: Constituencies which contain significant island communities
C: The largest regions
Highlands & Islands
North East Scotland
South of Scotland
Mid Scotland and Fife."
The motion was agreed to (DT).
8. Approval of SSIs: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2027—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.
The motion was agreed to (DT).
9. Approval of SSIs: Euan Robson, on behalf of the Parliamentary Bureau, moved S1M-2028—That the Parliament agrees that the draft Graduate Endowment (Scotland) Regulations 2001 be approved.
After debate, the motion was agreed to ((DT) by division: For 67, Against 53, Abstentions 0).
10. Decision Time: Decision were taken on items 1, 2, 6, 7, 8 and 9 as noted above.
11. Young Carers: The Parliament debated S1M-1959 in the name of Donald Gorrie—That the Parliament congratulates the young carers who, at their recent conference in Linlithgow, formed a National Young Carers Forum; pays tribute to the huge contribution to family life made by young carers; welcomes the support given by some local authorities to local young carers’ groups, and urges the Scottish Executive and local authorities to give a high priority to bringing together national and local staff and resources in education, social work and health to provide joined up services to ease the burden on these young people, who are often the only person holding their family together.
The meeting closed at 5.42 pm.
P E Grice
Clerk of the Parliament
21 June 2001
(Note: this Appendix does not form part of the Minutes)
The following instrument was laid in draft before the Parliament on 21 June 2001 for approval by resolution
The International Criminal Court (Immunities and Privileges) Order 2001
laid under the International Criminal Court Act 2001
The following instrument were laid before the Parliament on 21 June 2001 for approval by resolution—
The Protection of Wrecks (Designation) (Scotland) Order 2001 (SSI 2001/242)
laid under the Protection of Wrecks Act 1973
The Import and Export Restriction (Foot-and-Mouth Disease) (Scotland) (No.2) Amendment Regulations 2001 (SSI 2001/243)
laid under the European Communities Act 1972
The following document were laid before the Parliament on 21 June 2001 and are not subject to any Parliamentary procedure—
Parole Board for Scotland Annual Report for 2000 (SE/2001/99)
laid under the Prisons (Scotland) Act 1989 and the Prisoners and Criminal Proceedings (Scotland) Act 1993
Contingent Liability (SE/2001/68): Amendment to Table of Clinical Trials of Blood Products Produced by the Scottish National Blood Transfusion Service Protein Fractionation Centre (SE/2001/127)
Scottish Qualifications Authority: Accounts 1999-2000 (SE/2001/130)
laid under the Education (Scotland) Act 1996 and the Law Reform and Miscellaneous Provisions (Scotland) Act 1990
Scottish Transport Group Pension Fund Surplus: Indemnities to be Granted by Scottish Ministers to the Trustees of the Scottish Transport Group Pension Funds (SE/2001/131)
The following Reports were published on 21 June 2001—
Transport and the Environment Committee, 9th Report 2001: Report On Inquiry into Water and the Water Industry (SP Paper 362)
Subordinate Legislation Committee 28th Report 2001: Report on Subordinate Legislation (SP Paper 367)