Presentation to the Macaulay Land Use Institute

11 July 2008

Peter McGrath

Clerk to the Rural Affairs and Environment Committee

• What is the relationship between the Scottish Government and the Scottish Parliament ?

• What are Scottish Parliamentary Committees for?

• What does the Rural Affairs and Environment Committee do?

• How can I engage with the Parliament / the RAE Committee?

• Hold the Scottish Government to account

• Scrutinise the policies and actions of the Government

• Scrutinise proposals for legislation

• Scrutinise the Government’s budget

Parliament’s role

• Government/Executive and Parliament not interchangeable

• Parliament has virtually no executive powers

• Parliament not responsible for the Government’s performance but

• Parliament responsible for laws passed and for scrutiny of Government performance

Key points

The Parliament129 MSPs elected

by the people

Accountability

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Ministers and civil servants

NDPBsExecutive Agencies Local authorities

Chamber Business• Question time• Debates on motions• Considering legislation at final stage• Decision time

What do committees do?

Committee Business• Inquiry work• Considering Government budget in detail• Bulk of legislative scrutiny (primary and secondary)

Committees

• Membership of Committees– Role of Convener

• Types of committee:– Mandatory– Subject– Ad hoc

• Stage 1: General principles of the Bill

• Stage 2: Line by line scrutiny of the Bill by Committee; amendments

• Stage 3: Final chance for Parliament to amend the bill, then a final debate

Handling primary legislation in the Scottish Parliament

1

23

Committee inquiry into general principles of Bill

Committee reports to the Parliament

Bill introduced

Bill referred to lead committee: time set for Stage 1

Parliamentary debate and vote

Committee: Line by line scrutiny and amendments

Bill re-printed 'as amended'

Chamber: further amendments Vote on motion to pass Bill

Royal Assent: Bill becomes Act

Committee

Chamber

Committee

Chamber

Bureau

Statute

Three stages – more details

• Secretary of State or Law Officers may object - within 4 weeks

• Submitted for Royal Assent by Presiding Officer

• On Royal Assent becomes an Act of the Scottish Parliament (ASP) and law

• Parts of an Act can be ‘commenced’ at different times

After passing of a Bill

• Government legislative programme

• Non-executive Bills

• Accompanying documents

• Financial resolution

Legislation: other points

Subordinate legislation

•Purpose

•Affirmative and negative

•40-day rule

•Role of Subordinate Legislation Committee

•Role of subject committee

Committee inquiries

• Anything within committee remit• Committee takes initiative (cf legislation)• Spoken and written evidence• Committee visits• May appoint advisor• Ends with report to Parliament

• Membership• Remit:

– Agriculture– fisheries and aquaculture– Forestry– Land reform– Water quality regulation– Environment and natural heritage– Rural development – Sustainable development

Rural Affairs and Environment Committee

• Work already done– Flooding inquiry

• Work in progress– Rural housing inquiry– Mini-inquiries (Eg Crown Estates management;

ticks and tick-borne diseases)

Rural Affairs and Environment Committee

Rural Affairs and Environment Committee• Future work

– Flooding Bill– Food policy round table– Waste management– (Climate Change Bill)

• Recurring issues– Subordinate legislation– CFP quota talks– Budget process– Petitions

• Government website for prospective Government Bills/strategies

• Committee webpage– Agendas– Official report and minutes– Work programme– News releases

• Bills webpage for introduced Bills• Scottish Parliament Business Bulletin• Committee clerks

Engaging with the RAE Committee’s work

• Committee inquiries/Bills as Stage 1– General call for written evidence– Fact-finding visits & events– Specific requests for written evidence– Oral evidence with an accompanying written

submission

• Bills at Stages 2 and 3– amendments

• Subordinate legislation – written submission

Engagement with the RAE Committee

• Public petitions process

• Write to conveners/clerks

• Away days/round tables etc

• Direct approach to MSPs

Influencing the committee’s work programme

• Make submission work for you

• Remember what it’s for

• Spend time on it

• Keep it brief – focus on key issues

• Don’t supply unnecessary supplementary information

Written submissions

• Members will read it before the meeting

• Used by clerks, SPICe and advisers to prepare briefing

• Published on the Committee website

• Published in the Committee report

What happens to my submission?

• Who to choose

• Prepare – Read previous evidence-taking sessions– Anticipate questions– Any queries: contact the clerks

• On the day– Opening statement?– Questions from members in turn– Opportunity to follow up

Appearing beforea committee

Amendments to Bills• Basic principles

• separate textual amendments• “rule of progress”

• Handling • clerks help with wording• published in Daily List (in Business Bulletin)• Collated into Marshalled List• Grouped for debate

• Practical points• deadlines are crucial; get amendments in early• make the policy clear and the wording will follow• is it a probing amendment or not?• read each Daily List carefully; mark up your Bill