Annual Report 2001 - 2002

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Foreword by George Reid MSP, Convener of the Conveners' Liaison Group

Committees of the Scottish Parliament - the engine room of Scottish democracy

The Conveners Group: the Conveners of the 17 Parliamentary Committees meet every two weeks to share views and experiences.

The 17 cross-party committees of the Parliament have the central job of scrutinising bills as they pass through the Parliament, taking part in wide-ranging investigations, and working with the people of Scotland.

In the first three years of devolution, committee members have steadily grown in confidence and authority. They are developing a culture of co-operation that is different from the largely adversarial nature of the Chamber.

The committees are widely seen as a success story - the engine room, as one commentator put it, which powers the Parliament. Compared to the 338 hours spent in the Chamber in 2001-2002, members spent 897 hours in committee.

On more than 100 occasions last year, ministers had to face hard questions from committees. They took evidence from the whole range of Scottish society, including many people not used to being asked for their views in the years before devolution.

They did so, not just in Parliament, but throughout the country - meeting in 13 locations as full committees outside Edinburgh, and on 74 other occasions sending out reporters to gather information in Scotland's cities, towns, villages and rural communities.

They have also developed new forms of participation - taking video evidence from children, bringing 100 representatives from ethnic-minority groups into the Chamber, and using video-conferencing as a cost-effective way of questioning witnesses in remote areas.

Importantly, most of their reports have been agreed after much debate but without voting. This cross-party approach has been effective in getting the Executive to agree amendments to their proposals.

As the Queen noted in her speech to Parliament in Aberdeen, it was never going to be possible to build a new political culture in Scotland immediately. The Conveners' Group, shortly to be instituted in Standing Orders, will spend part of its time over the next year reflecting on how we can make committee work even more effective.

How are we to get a balance between time spent on considering Executive proposals and independent investigation? How are we to prioritise issues and resources? How are we to develop the expertise of members in their subject areas? And how are we to take part in scrutiny not just before legislation but afterwards as well?

Not least, how are we to make the work of committees more widely known?

Our new Scottish democracy is not just run up on the bridge, in the Chamber. What drives it is down in the engine room, in committee.

George Reid
Deputy Presiding Officer
Convener, Conveners' Group

Committee highlights

Legislation

Did you know? There were 13 formal committee meetings outside Edinburgh this year, as well as 74 fact-finding visits by groups of MSPs. Committees also organised 16 major civic participation events.

Did you know? As part of a major inquiry into the voluntary sector, the Social Justice Committee went on fact-finding visits to each of the eight parliamentary regions across Scotland.

Although committees can propose legislation, they spend much more time considering draft legislation as it passes through Parliament. This is an important role because it allows committees to examine and improve the quality of legislation. It also gives people outwith Parliament the chance to contribute by giving information to the committees.

The Transport and Environment Committee considered the Water Industry (Scotland) Bill (now Act). The committee had previously recommended that Scotland's three water authorities should merge to create one organisation (now called Scottish Water). The committee had a considerable influence in how the final legislation looked.

The committee agreed to several amendments aimed at making Scottish Water answerable for its future actions. This included the new water authority drawing up a code of practice.

The committee also recommended that some smaller charities should not have to pay water charges. The Scottish Executive later decided that charities with an income of less than £50,000 would not have to pay for four years.

The Education, Culture and Sport Committee considered the School Education (Amendment) (Scotland) Bill (now Act). This sets out the rights of parents who want to send their children to a primary school of their choice. It also temporarily suspends the requirement to advertise vacancies for deputy head teachers. The move is in line with changes to the management structure of schools.

The committee also considered the Education (Disability Strategies and Pupils' Educational Records) (Scotland) Bill (now Act). This is to help children with special needs to be placed in mainstream schools, while still maintaining the option of special-school placements for those with the most significant needs. It also gives ministers new powers to change the system of recording children's needs.

Further work by the committee included considering the Scottish Qualifications Authority Bill that restructures the board of the Scottish Qualifications Authority and sets up an advisory council.

Among the highlights of our year was the work done by the Health and Community Care Committee. The committee considered five bills including the Community Care and Health (Scotland) Bill (now Act). This legislation is very important to us because it provides free care for older people. It was an in-depth inquiry into delivering community care in Scotland by the committee that paved the way for introducing the bill. The report recommended that services assessed as necessary to meet the personal care needs of an individual should be free. As a result, the Executive brought forward its bill. The committee was pleased that many of its recommendations, including strengthening the rights of carers, were accepted by the Scottish Executive.

The committee also considered the Tobacco Advertising and Promotion (Scotland) Bill, to restrict tobacco advertising. However, a similar private member's bill, which has the support of the UK government, is due to be introduced at Westminster. As a result, the committee suspended considering the Scottish bill. If the Westminster bill does not become law, the committee will reconsider the Scottish bill.

In carrying out our work we are guided by our founding principles of sharing power, accountability, openness and promoting equal opportunities. To help us achieve our aims of making Scottish society more equal, the Equal Opportunities Committee considers all Scottish Executive bills.

During the past year the committee has provided comments and reports on the following bills.

• School Education (Amendment) (Scotland) Bill
• Water Industry (Scotland) Bill
• Community Care and Health (Scotland) Bill
• Freedom of Information (Scotland) Bill
• Marriage (Scotland) Bill
• Land Reform (Scotland) Bill
• Education (Disability Strategies and Pupils Records) (Scotland) Bill

The committee also commented on the member's bill - Public Appointments (Parliamentary Approval) (Scotland) Bill.

The Justice 1 Committee plays a leading role in examining the justice system in Scotland, paving the way for the first ever committee bill to be introduced in the Scottish Parliament. This became the Protection from Abuse (Scotland) Act on 6 November 2001. The act increases legal protection for the many people at risk of domestic abuse whose rights were not previously recognised.

The Justice 1 Committee was also the lead committee on the Freedom of Information (Scotland) Bill. The bill gives the public a statutory right to access information from public organisations. It also creates an independent Scottish Information Commissioner to enforce the new laws.

While the committee was considering the bill, it took evidence from a wide range of groups. Various amendments were agreed including:

• making provision for disabled applicants who cannot ask for information in writing; and
• bringing forward the implementation of the new act from five years to about three years.

One of the most important roles this year of the Justice 2 Committee (which has the same remit as the Justice 1 Committee) was as lead committee on the Sexual Offences (Procedure and Evidence) (Scotland) Bill (now Act). The legislation is to protect vulnerable witnesses in rape trials by sparing them the ordeal of being cross-examined by the accused.

Committees are not afraid of tackling difficult and sensitive issues. This is perhaps best shown by the Rural Development Committee's examination of the Protection of Wild Mammals (Scotland) Bill (now Act). The legislation prevents people hunting wild mammals, such as foxes, with dogs. The committee completed its stage 1 report in June 2001, after hearing many hours of evidence.

The Parliament agreed to the general principles of the bill, which was then referred back to the committee for stage 2 consideration. During this stage about 170 amendments were discussed. The Parliament eventually passed the bill after a large number of amendments were considered at both stage 2 and stage 3. Many of these amendments were in response to detailed evidence and discussions by the committee.

The role of the Subordinate Legislation Committee in examining the Executive's powers to make subordinate legislation is important. Subordinate legislation is law made by a person or organisation, most often the Scottish Ministers, under powers granted to them by an act. Some examples of subordinate legislation are regulations, orders and local authority bye-laws. We must examine or approve most subordinate legislation.

Inquiries

Did you know? The Scottish Parliamentary Standards Commissioner Bill is only the second committee bill to be introduced in the Scottish Parliament. The commissioner, who will have the power to investigate complaints against MSPs, could be appointed next year.

One of our main tasks is to hold the Scottish Executive to account. As well as examining subordinate legislation made by the Executive and Executive bills, we look at its spending plans and administrative actions. We must make sure that it is delivering on the demands and expectations of the Parliament and of the people in Scotland.

This year, the Finance Committee again played a major role in examining the Executive's spending plans. The process continued to open up the budgets of all the Executive's departments to a new level of investigation.

The third year of the European Committee's operation saw a radical shake-up of its relationship with the Scottish Executive on European matters. The committee's in-depth inquiry into the future of Europe and Scotland's place in the European Union resulted in a new tougher role for the committee. This made the Executive even more accountable for its actions on draft EC and EU legislation and how it is put in place in Scotland.

The Transport and Environment Committee held an inquiry into sea-cage fish farming. The industry is mainly based on the western and northern coasts of Scotland where conditions are most favourable. Around 95% of the industry is devoted to salmon farming. Scotland has around 350 marine salmon farms along with a small but growing number of sites where other fish such as halibut, sea trout, turbot and cod are farmed. Shellfish are farmed in Scotland on a much smaller scale, the main types being oysters, scallops and mussels.

The committee's inquiry began after the Scottish Executive rejected the committee's earlier recommendation for an independent review of the effect this industry is having on the environment. Due to the committee's heavy workload, its inquiry took place over a number of phases.

In its phase 1 report, the committee made a number of recommendations to the Executive on how we should tighten regulation of the industry to protect against water contamination.

The committee also helped persuade the Executive to pay for independent research into the science of the industry. Phase 2 is still continuing.

The Transport and Environment Committee also began investigating the Executive's proposals to introduce competitive tendering for ferry services in the Highlands and Islands. The inquiry continues, but the main finding in the 2001/02 parliamentary year was the committee's recommendation that Hebridean and Clyde ferries should be tendered as a package rather than as individual services. This is to avoid companies 'cherry-picking', in other words, bidding for the more profitable routes at the expense of others that may be quieter but are still vital to make sure small communities survive into the future.

Did you know? A total of 896 hours and 45 minutes were spent in committee meetings from 12 May 2001 to 11 May 2002. During that period ministers have appeared before committees 100 times and covered 110 agenda items.

The Education, Culture and Sport Committee completed its in-depth inquiry into whether there should be a Children's Commissioner in Scotland. A video, which recorded the views of a sample of children and young people across Scotland, was shown at a seminar for representatives of children's and youth organisations. The committee took evidence from the Children's and Youth Parliaments and invited 100 children to the Chamber to discuss their views.

The committee also:

• carried out an inquiry into the national stadium at Hampden Park;
• took evidence in Galashiels, held a public meeting in Hawick and visited schools in the Borders for its inquiry into overspending and education cuts by Borders Council;
• published a report on Scottish Ballet after the announcement that the company was taking a new direction; and
• recommended measures to introduce a Gaelic television channel.

The Enterprise and Lifelong Learning Committee was involved in several major inquiries throughout the year including one into the effect of the new e-commerce economy in Scotland. The report, published in June 2001, recommended cheaper and faster access to the internet to encourage businesses to use it.

In October 2001, the committee published a report on its inquiry into higher-education teaching and funding. The inquiry was prompted by concerns among teaching staff about proposals put forward by the Scottish Higher Education Funding Council. At first, interest focused on money for teaching but as the inquiry continued, research funding also became important. The committee argued against a move that would have excluded most new universities from being eligible for research funding. It said that university research was vital for Scotland's continued economic development.

The Health and Community Care Committee published a detailed report after an inquiry into the hepatitis C virus. It recommended that compensation should be awarded to anyone who contracted hepatitis C from an NHS blood transfusion. This would spare sufferers the need of going to court to prove that the NHS was negligent. The committee also recommended that an expert group should be set up to re-examine the system for awarding compensation for injuries suffered on the NHS. The current fault-based system is often unfair and complicated.

The Justice 1 Committee is reviewing the future of Scotland's prisons. This wide-ranging inquiry is focusing on, among other issues, how many prisoners each prison can hold, and privatisation. The committee has heard evidence from a wide range of interested groups, from current and former prison governors to trade unions. In carrying out the investigation, the committee also visited several prisons including HMP Peterhead and HMP Barlinnie to talk to staff and inmates. The committee's report is due to be published this year.

The Justice 2 Committee continued to give priority to a wide-ranging examination of the Procurator Fiscal Service and its role in Scotland's criminal justice system. The committee's first major inquiry is looking at the Crown Office and the Procurator Fiscal Service to see whether the departments can meet the needs of Scotland's criminal justice system, while still being sensitive to the needs of victims and witnesses.

The committee has heard evidence from a range of people from the police to individual victims of crime and their families. Members of the committee have also visited large and small Procurator Fiscal offices throughout Scotland to talk in depth to staff. The committee will publish its report later this year.

Before publishing a report on Cornton Vale women's prison, the Justice 2 Committee took evidence from groups concerned with female offenders. Among those people invited to speak were representatives of 'Routes out of Prostitution', an organisation devoted to helping women stay off the streets.

The Procedures Committee has been carrying out its largest inquiry so far. It is looking at how well we are including the Consultative Steering Group's main principles of sharing power, accountability, accessibility and equal opportunities in our day-to-day work.

As well as reading 300 written submissions from organisations and individuals in all sections of Scottish society, the committee heard 55 hours of evidence from 100 witnesses. Members of the committee also held three public meetings in Ullapool, Hawick and Paisley. Around 200 people went to the meeting in Hawick where the main topic for discussion was fox hunting. In Ullapool, the public gave its views on fish farming and GM crops. At the Paisley meeting, people asked a number of questions about Public Finance Initiatives.

Those who went to the meetings agreed that more informal public gatherings would be welcomed and would play a very important role in building the relationship between the Parliament and the Scottish people. The committee will publish its report later this year.

The Standards Committee examined the issue of confidentiality. In the past year, different measures have been introduced aimed at preventing unauthorised information being leaked. After completing an inquiry into 'leaks', the committee tightened up the Code of Conduct for Members of the Scottish Parliament. The committee agreed that releasing confidential information undermined the Parliament.

The Standards Committee also contributed to a prominent inquiry carried out by the Committee on Standards in Public Life (the Wicks Committee). As part of the Wicks Committee investigation into the House of Commons' Code of Conduct, the Standards Committee sent in evidence on how complaints against MSPs are investigated. It also sent in evidence on lobbying and members' interests.

The Audit Committee completed its wide-ranging inquiry into how the deficit faced by the NHS in Tayside developed. The report into the inquiry made recommendations on areas such as tightening up financial controls within NHS Tayside and the role of the Scottish Executive in monitoring finances in the NHS. The Executive accepted all of the committee's recommendations.

The committee also:

• carried out an inquiry into how Moray College got into financial difficulties in 1999/2000 (recommending stricter rules governing the future appointment of members to the boards of further-education colleges in Scotland);
• published a report on the findings of a second inquiry, entitled 'Overview of Further Education Colleges in Scotland 1999/2000' (examining how colleges manage their finances); and
• carried out a financial review of the NHS. Its report, 'Overview of the NHS in Scotland for 2000/01', recommended measures to make clearer to the public how NHS money is spent.

The committee is determined that its work should lead to real improvements in public services for the people of Scotland. It takes great care to monitor the progress made in putting its recommendations into practice. For example, on the recommendation of the committee, the Scottish Executive has agreed that emergency calls to the Scottish Ambulance Service should be prioritised.

The Local Government Committee completed its inquiry into local government finance. During the 18-month inquiry, the committee took evidence from more than 50 organisations. The four-volume report on the committee's findings was published in March 2002. The committee recommended introducing extra Council Tax bands and revaluing domestic properties for Council Tax purposes, among other things.

The committee also had one of the heaviest legislative workloads, as lead committee on:

• the Scottish Local Authorities (Tendering) Bill;
• the Police and Fire Service (Finance) (Scotland) Bill;
• the Scottish Local Government (Elections) Bill;
• the Marriage (Scotland) Bill;
• the Scottish Public Sector Ombudsman Bill; and
• the Public Appointments (Parliamentary Approval) (Scotland) Bill.

New ideas and involvement

Did you know? The Public Petitions Committee (PPC) referred a petition to the European Parliament. It was the first time the PPC had taken such a step. During the year the committee considered 95 petitions. It also used a video link for the first time to hear a presentation by people from Shetland.

John McAllion MSP, Convener of the Public Petitions Committee receives a petition from members of Equity regarding the future of the Scottish Ballet.

Members of the Rural Development Committee traveled to Loch Lomond, Castle Douglas and Fort William as part of their inquiry into Integrated Rural Development.

We are very aware of the roles that we play in our committees in holding the Executive to account and in examining and amending bills. To carry out these roles successfully, it is important that we fully understand the concerns and priorities of the Scottish people.

Our committees have used a series of new techniques to take business forward. These techniques add to the work we already do in formal meetings. In these meetings we are helped by staff and expert advisers, and we question witnesses whose evidence covers a whole range of views on the subject of our inquiry.

As part of its inquiry into Scotland's role in the European Union, the European Committee made parliamentary history by being the first committee to take evidence from a UK government minister. It heard from Rt. Hon Peter Hain MP, UK Minister for Europe, on 5 November 2001.

The committee also organised a video conference between the Parliaments of Scotland, Catalonia and Flanders in April 2002, complete with interpretation.

To mark the 25th anniversary of the Race Relations Act, the Equal Opportunities Committee welcomed more than 100 people from ethnic-minority groups to the Chamber. The seminar was co-hosted by the Commission for Racial Equality. Guests, who included refugees, were asked about their experiences of living in Scotland. Many had been here since the Act was introduced in 1976.

The Enterprise and Lifelong Learning Committee has carried out a number of new activities during the last year.

• Before the Parliament's debate on the new economy, the committee hosted a workshop. Around 30 people from the information-technology and financial-services sectors went to the new economy seminar and gave their views on improving the industry.
• Following publication of the lifelong learning interim report in March 2002, the committee hosted a major convention bringing together 200 people involved in lifelong learning to debate the report. Their contribution will influence the final report.
• In May 2001, the committee held an 'away day' to discuss the way it works. The event gave the committee a chance to agree new long-term aims.

The Justice 1 Committee organised a seminar on sentencing and alternatives to imprisonment. The meeting was held on 9 March 2002 at Glasgow Caledonian University's Govan Mbeki building. A total of 86 people, from a wide range of organisations, debated the issues. Case studies were used to highlight certain arguments. A wide range of views were given which will help the committee's proposed inquiry into sentencing.

The Rural Development Committee's inquiry into integrated rural development broke new ground. During formal meetings in St John's Town of Dalry, Galloway, and Fort William in the Highlands, the committee suspended normal business to hear the views of members of the public. It was the first time the committee had held open-floor discussions. The experiment was a great success. The committee will publish a transcript of the concerns raised by the public at these informal sessions with the report of the inquiry.

The committee also visited local firms in those areas to hear, first hand, about the problems and opportunities associated with running a business in a rural area. The inquiry into how best to make sure rural communities prosper is long-running. Committed to gathering evidence from a range of communities, the committee made four trips to hear from people from island and coastal areas and the highlands and lowlands.

In January, the committee was again on the road. This time members met in the Loch Lomond area to take evidence at stage 1 of the Land Reform (Scotland) Bill. Part 1 of the bill deals with the public's right of access to private land. As well as holding a formal meeting, the committee went on two fact-finding trips to talk to people who manage land.

Representatives from local government organisations, the voluntary sector and a number of academics met in Stirling in March 2002 for a seminar organised by the Local Government Committee to discuss the forthcoming Local Government in Scotland Bill. The bill will make it easier for councils to work with other public-sector agencies to benefit the local community.

Before the conference at Stirling Management Centre, the committee published a newsletter about its work. This was distributed to the 154 delegates and delivered to every local authority, health board and community council in Scotland. Peter Peacock MSP, Deputy Minister for Finance and Public Services, gave the main speech. Other speakers included Professor Alice Brown, Chair of the Community Planning Taskforce and Trish Godman MSP, Convener of the Local Government Committee.

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