Annual Report 2001 - 2002

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Non-Executive legislation

Most of the bills introduced into the Scottish Parliament come from the Executive. Each year, the First Minister announces the Executive's legislative intentions to the Parliament and this is debated. We introduce bills throughout the year. We have a thorough procedure for considering Executive bills and a great deal of committee time is taken up with taking evidence on, and considering and making amendments to, these bills.

However, an increasing number of bills are now coming from non-Executive sources. These include bills from Parliamentary Committees and from individual members. This section looks at non-Executive bills and the role of the Non-Executive Bills Unit in the Parliament.

We set up the Non-Executive Bills Unit (NEBU) in August 2000 to support members and committees who want to introduce legislation and to support the process of private legislation within the Parliament.

Committees of the Scottish Parliament, unlike those at Westminster, can initiate legislation. They may do this by proposing a bill themselves or by considering draft proposals from MSPs referred to them by the Parliamentary Bureau. Before deciding whether to propose a bill, they may hold an inquiry into the need for it. Proposals for committee bills must explain the need for the bill as well as the committee's recommendations on what the proposed bill will contain. If the whole Parliament agrees, after debate, to the proposal for a bill, the committee can then instruct a bill to be drafted and introduce it. Once we have Parliamentary approval for the proposal for a committee bill, the NEBU works with the committee members and staff in the Parliament's Directorate of Legal Services to prepare detailed instructions to draft the bill. They arrange for a draft to be prepared, together with the necessary accompanying documents including explanatory notes and a financial memorandum setting out the costs arising from the bill.

Ian Smith MSP, Keith Harding MSP and Alex Neil MSP all introduced members' bills this year with the help of the NEBU team.

NEBU can use a panel of draftsmen appointed to help us draft committee bills and members' bills. So far, two committee bills have received Royal Assent - the Protection from Abuse (Scotland) Act 2001 and the Scottish Parliamentary Standards Commissioner Act 2002.

Members can also draw on the help of NEBU when preparing bills. Any MSP who is not a member of the Scottish Executive can introduce a member's bill. There are two ways to do this.

• The first, and the only way used so far, is to lodge a proposal setting out the purpose of the bill. This proposal is then published in the business bulletin. So far, 43 proposals for members' bills have been put forward. For a proposal to proceed to the next stage, it needs support from 11 other MSPs within one month of it being lodged. A total of 40 of the 43 proposals so far have attracted the level of support needed.
• The second route is to send a proposal to the Parliamentary Bureau, for it to refer to committee for consideration.

NEBU can work with members to put together their general proposals to be lodged. Once the necessary support has been gathered, a member can then introduce a bill. NEBU will work with the member to prepare a consultation on their proposal. They will draw up the details of the policy to be included in the bill, and then, with the Directorate of Legal Services and the specialist drafting panel, have a bill drafted which can be introduced. After a bill is introduced, its progress through Parliament follows the same course as an Executive bill. First a relevant committee will consider the bill. After taking evidence from anyone with an interest, the committee publishes a stage 1 report on the general principles of the bill. If the general principles of the bill are agreed at another meeting of the Parliament, the lead committee carries out stage 2 of considering the bill. At this time, they consider and make any detailed amendments. At stage 3 we consider the bill in a meeting of the Parliament together with any further amendments that might be proposed. We then vote on whether to pass the bill. So far, three members' bills have been introduced with NEBU support.

• The Public Appointments (Parliamentary Approval) (Scotland) Bill which failed to have its general principles approved at stage 1.
• The Dog Fouling (Scotland) Bill which is currently being considered at stage 1.
• The University of St Andrews (Postgraduate Medical Degrees) Act 2002 which received Royal Assent in July.

A very different category of bill, which is also supported by the Non-Executive Bills Unit, is the private bill. A private bill is introduced by a 'promoter'. A promoter can be one person, a company or a group of people. The purpose of a private bill is to allow the promoter to get powers or benefits that apply as well as, or in conflict with, the general law. The Non-Executive Bills Unit is the first point of contact for any promoter who wants guidance on how to introduce a private bill into the Parliament. The Non-Executive Bills Unit is responsible for providing detailed guidance on private bills and will work with promoters to make sure that they have given the notice needed and followed the relevant procedures. Once a private bill is introduced, there is a 60-day period during which objections may be lodged. Following that period, the bill must complete a three-stage process before we can pass it. The Non-Executive Bills Unit will support Private Bill Committees when considering private bills.

So far, one private bill has been introduced, the Robin Rigg Offshore Wind Farm (Navigation and Fishing) (Scotland) Bill.

Legislative process for the passage of Committee Bill (PDF file)

Parliamentary questions

• Question Time is one of the best-attended occasions of the parliamentary week.
• Each week 30 questions are chosen at random by a computer.
• On average, nine different ministers answer questions each week.
• On average, we take around 14 questions during Question Time.

The Presiding Officer chooses six topical questions for First Minister's Question Time (which immediately follows Question Time each week). Sometimes only three questions are taken, sometimes all six are taken. On average, five questions are answered every week. The Presiding Officer normally chooses the leaders of the two main opposition parties for questions one and two at First Minister's Question Time.

Ministers supply written answers for those questions not taken during Question Time or First Minister's Question Time. We publish written questions in the business bulletin and answers in the written answers report. You can see both of these on our website.

Almost 10,000 questions were also lodged for written answer in the same period.

First Minister's Questions lodged from 12 May 2001 to 11 May 2002

Division of time on business in the Chamber (Pdf file)

On-line discussion forums

The web forum on chronic back pain received more comments from the public than any other this year.

In 2001-2002 we gave people a new way of getting involved with our work using the internet. We invited members of the public to write comments on our website about issues being debated in the Parliament. The debates were broadcast live on the web.

Between September 2001 and April 2002, nine of these on-line forums discussed issues as far-ranging as nurses' pay, International Women's Day and local post offices. Dorothy-Grace Elder MSP's members' business debate on chronic back pain attracted the biggest amount of interest. Thousands of people, including health care staff and patients, either commented on the subject over the website or watched the webcast of the debate. During the debate, Deputy Health Minister Mary Mulligan agreed to look closely at the public's opinions.

We encouraged MSPs to talk about the issues being raised by the public on the website. Viewers could also log on to other relevant websites.

We are one of the first parliaments to use this interactive technology. Our progress has been studied by other parliaments and organisations all over the world.

Some postings to the on-line discussion boards

'I believe that interactive discussion boards are a new way of communicating, allowing Scottish issues to be openly discussed.'

Anne, Glasgow

'I have just watched your debate on the internet from Karachi. I was impressed by the technology, but even more by the debate.'

Asif, Pakistan

'It is a pleasure to have this opportunity to contribute to this public discussion of such vital issues.'

Irene Oldfather, MSP

'We should not give up on trying to extend the ownership of the Parliament. Clearly, on-line forums do not do that on their own, but they can contribute to building a community of debate in Scotland that can only be to the good.'

Stewart, Falkirk

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