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Chamber and committees

Justice 1 Committee, 06 Feb 2001

Meeting date: Tuesday, February 6, 2001


Contents


Committee Effectiveness

The Convener:

The next item on the agenda is consideration of the paper on increasing the effectiveness of committees, which has been circulated to members. Do members have any comments? If you wish, I can go through the paper paragraph by paragraph. I came to this process on the conveners liaison group fairly late in the day and certainly did not feel like trying to make any large changes, even though there are some aspects about which I am not particularly excited. However, most of the paper is advisory and the recommendations have enough flexibility to allow committees to decide their own priorities.

Phil Gallie:

As I am concerned that some of the paper's recommendations might be adopted, I think that we should comment on several issues. For a start, the paper suggests that standing orders could be amended to allow committees to meet at the same time as the Parliament. As the Parliament meets for nine hours a week, it would be absolutely atrocious to overlap its work with committee meetings. That would deprive members of involvement in the plenary meetings, which are already short. I would like to think that the committee will express reservations about that.

I would also like us to comment on the time scales that are sometimes imposed on committees during stages 1 and 2 of bills. We have to recognise that, in comparison with other legislatures, the committees virtually comprise the second chamber of the Scottish Parliament. The committees' work can be vital in analysing the details of bills. I have, at times, got the impression that the Parliamentary Bureau is more set on achieving goals by certain time scales than proper bill scrutiny. I therefore have reservations about paragraph 6 of the paper.

The paper does not refer to substitutes. The value of the committees is totally dependent on member input. I feel that, particularly in committees that contain only one individual from some of the parties, we are missing out if, due to unforeseen circumstances, that individual cannot be present and is unable to ensure that they have some form of cover.

I recognise that all parties and every MSP can attend any committee meeting at any time. However, committees go into private session, particularly to discuss the drafting of committee reports, often following a lengthy investigation. It would be wrong to exclude party representation in such unforeseen circumstances. In summary, I see several shortcomings in the paper, on which I would like this committee's views to be expressed.

The Convener:

I think that I am correct in saying that the paper does not refer to substitutes because the issue has already been referred to the Procedures Committee, following the committee restructuring. It was felt that proposals for that were already under consideration, so there was not much point in including the issue in the paper.

Michael Matheson:

I echo Phil Gallie's comments on the idea of amending standing orders to allow committees to meet while the Parliament is in plenary session. Although that might appear to be a good thing for the management of committee business and an attractive option from the conveners' point of view, I think that, if we were to make that change, we would soon realise what a mistake it was. For example, if Phil Gallie was involved in a debate in the chamber, that would put him in considerable difficulty as the only Conservative member of this committee. I strongly oppose the idea of amending standing orders in that way.

Maureen Macmillan:

The middle point under paragraph 5 states:

"Exceptionally, meetings could be scheduled on Mondays, Fridays and Wednesday evenings".

We have meetings on Mondays anyway. Fridays and Wednesday evenings should be used not just exceptionally, but very exceptionally. A distinction should be drawn between Monday meetings and Wednesday and Friday meetings, because of members' constituency commitments and, in the case of meetings on Wednesday evenings, because of family considerations.

The Convener:

I was a bit unhappy about the idea of timetabling committee meetings at the same time as meetings of the whole Parliament, especially because committees do not generally meet on Mondays, Fridays and Wednesday evenings. It is not as though there is no time during the week when committees could meet, although they choose not to meet at those times. I did not think that the idea of committees meeting on Wednesday afternoons or on Thursdays stood up to much argument, given that we have Mondays and Fridays available. Clearly, other people felt differently. Although diaries may treat Mondays and Fridays as free at the moment—and I hear what Maureen Macmillan says about the difference between them—things could change in the fullness of time, if we know that Mondays and Fridays are no longer as free as they used to be.

I do not know whether the conveners group would consider changing the paper. We ought to write a letter encapsulating some of the remarks that have been made and see what happens as a result of that.

The process has to be two-way.

Yes, consultation has to be a two-way process.

Phil Gallie:

I have a general observation on the committee system. I have already referred to the fact that we act as an investigatory power and as a second chamber. I am sometimes concerned by the narrowing of expertise that is evident in the legislative process in the Scottish Parliament. When bills come before the chamber, the people who participate in the debate always tend to be the ones who have been involved all the way through the committee stages. Those are the people, perhaps understandably, who have picked up the expertise.

The committee system tends to work against a more embracing view. Perhaps that is down to the time available for debate in the Parliament, but the committee system seems to apply a restriction, as the same people are involved in the investigatory stage, in the detailed scrutiny of legislation and in debate in the chamber. I recognise that this is a difficult question to address and that there are advantages as well as disadvantages in our committee system. However, I think that that general observation may be of interest.

The Convener:

It is up to the parties to decide who they want to represent them in any debate. It is not up to us to comment on that. It could also be argued that it is of benefit to have somebody speaking in a debate who knows what they are talking about rather than, as happens in another place that I can think of, people who do not know what they are talking about.

Michael Matheson:

This committee may suffer because many members of Parliament tend to shy away from justice issues, which can involve complex legal points. Bills such as the Regulation of Investigatory Powers (Scotland) Bill are not exactly going to attract many folk to consider our reports. From my point of view, it is down to individual members to choose whether they want to consider the matter in detail. I do not think that the committee can really do anything to improve that.

The Convener:

I am not sure that that is necessarily to do with our response to the paper on the effectiveness of committees. We shall write to the conveners group encapsulating the remarks that have been made.

Our next meeting is on Wednesday 14 February in committee room 3 and is likely to start at 9 am. We will be considering the Leasehold Casualties (Scotland) Bill at stage 2. The deadline for lodging amendments to that bill is 5.30 pm on Monday 12 February. We shall also be hearing evidence on the Convention Rights (Compliance) (Scotland) Bill from Lord Ross and Dr Jim McManus of the Parole Board for Scotland, and from Professor Gane and the Minister for Justice, so it will be a busy day.

Meeting closed at 11:53.