Delegated Powers and Law Reform Committee
At its meeting on 25 August 2020, the Delegated Powers and Law Reform Committee considered the resolution making process in the Scottish Parliament (Assistance for Political Parties) Bill (“the Bill”) at Stage 1.
This Committee Bill was introduced on 24 June 2020 by Bill Kidd MSP on behalf of the Standards, Procedures and Public Appointments (SPPA) Committee. The SPPA Committee proposed the Bill on behalf of the Scottish Parliamentary Corporate Body (SPCB).
As there are no delegated powers in the Bill, it does not require a Delegated Powers Memorandum. However, the resolution making process for the Parliament outlined in section 1 engages the Committee's remit.
The Committee submits this report to the SPPA Committee, as lead Committee, under Rule 9.6.2 of the Standing Orders.
Most political parties represented in the Scottish Parliament receive a capped financial provision for expenditure incurred in connection with their Parliamentary duties. The payments are colloquially known as “Short money” and are made under an Order in Council provided for by the Scotland Act 1998. Responsibility for setting the terms of such payments, via an Order in Council, currently lies with Scottish Ministers.
While the scheme is currently administered and funded by the SPCB, it is the Scottish Ministers who have the power to make changes to it. The SPCB wished to bring this power within the ambit of the Scottish Parliament and, before referring the matter to the Scottish Parliament’s Parliamentary Bureau, the Presiding Officer sought the view of the Scottish Government. The Scottish Government indicated that it was content that responsibility for these provisions be transferred to the Scottish Parliamentary Corporate Body.
The Bureau invited the SPPA Committee to propose and introduce a Committee Bill which would transfer responsibility for setting the terms of the Short money arrangements from Scottish Ministers to the SPCB.
Section 1 – Assistance for registered political parties in the Parliament
Section 1 replaces the existing section 97 of the Scotland Act 1998 Act with a new version. The new subsection (1) is equivalent to the existing subsection (1) except that the means by which provision (about payments to registered political parties) is made is a resolution of the Parliament rather than an Order in Council. A resolution under section 1 may confer functions on the Parliamentary corporation.
Under the 1998 Act, the procedure for payments to registered political parties is by subordinate legislation. Her Majesty may make an Order in Council for that purpose. That Order is scrutinised by the Parliament in the same way as other pieces of subordinate legislation.
The scheme is currently administered and funded by the SPCB, but it is the Scottish Ministers who have the power to make changes to it. The purpose of this Bill is to bring this power within the ambit of the Scottish Parliament, and therefore it will be the Scottish Parliament that will make provision for payments to registered political parties to assist MSPs connected to those parties.
New section 97(2) sets out some matters which a resolution of the Parliament may include. In addition to conferring powers on the Parliamentary Corporation (new section 97(2)(a)), the new section replicates the existing provision in section 97(4) of the 1998 Act so that the resolution can determine the circumstances in which a MSP and a registered political party are to be regarded for the purposes of any resolution made.
The Committee notes that that the resolution making process achieves the purpose of the Bill as it transfers the power to make provision for payments to registered political parties from Scottish Ministers to the Scottish Parliament.
The Committee is therefore content with the proposed resolution making process in section 1.