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Chamber and committees

Procedures Committee, 18 Mar 2003

Meeting date: Tuesday, March 18, 2003


Contents


Standing Orders

Item 2 is consideration of a brief paper from Donald Gorrie, who wants to discuss some proposed changes to standing orders.

Donald Gorrie:

There are three points at issue. The first two proposals relate to the same point and are about the general principles of bills. Nowhere is it defined what the general principles of a bill are. Recent examples have shown that it is quite possible to support the general principles of a bill—whatever that concept is—but still to think that the bill should not be progressed. There could be a motherhood and apple pie bill, stating that we support motherhood and apple pie. Nobody could be against that, but if such a bill were to state that it is compulsory that we eat apple pie for lunch every day, we would be against it.

There have been various examples of such situations. Tricia Marwick introduced a bill about using a different voting system in local elections. It was possible to support the general principles of that bill, but not the particular way in which she approached the matter. The general principles of the proposals in a bill about how to deal with debtors could be supported, but not the particular proposals.

As I understand it, the Education, Culture and Sport Committee felt that the principle of the Gaelic Language (Scotland) Bill was good but that the bill should be changed so that it would apply to the whole of Scotland rather than only to part of Scotland. That totally alters the proposal.

I suggest in annexe A of my paper that in the debate at stage 1 a member

"may propose a Reasoned Amendment that the Bill should not be approved and set out the reasons why, notwithstanding the general principles of the Bill, it should not progress."

I also suggest in annexe A of my paper that standing orders should state:

"Whether or not the Committee recommends agreement with the general principles of the Bill, it may recommend that the Bill should not be passed and give its reasons, or indicate those parts of the Bill which it considers need significant amendment."

The current system is not satisfactory and something along the lines of what I suggest would be more logical and sensible. Does the committee want to discuss that proposal? The next two issues are separate.

We will discuss that proposal. Hugh Flinn has joined us. I ask him whether, as things stand, the chamber desk would accept as admissible a reasoned amendment along the lines that Donald Gorrie's paper suggests.

Hugh Flinn (Scottish Parliament Directorate of Clerking and Reporting):

I apologise, convener. I have come to the meeting prepared for the next item, so I will have to refresh myself on that point.

The Convener:

My understanding is that a reasoned amendment to a stage 1 motion would be perfectly admissible. I cannot think of any examples offhand, but I am sure that there must have been stage 1 amendments that have done something similar to what Donald Gorrie suggests. I cannot think why such an amendment would not be admissible. As I understand it, what currently happens is that the member in charge—usually the minister, but in the case of a member's bill it is the member who promotes the bill—lodges a motion asking that the Parliament approve the general principles of the bill. I would have thought that it would always be competent for a member to lodge an amendment that says that Parliament approves the principles of the bill, but argues that it should not be introduced in this session or whatever. I see that Hugh Flinn has cottoned on to what we are talking about.

Hugh Flinn:

Yes. I apologise.

The convener is correct. The critical point about reasoned amendments to stage 1 motions is that they must make it clear either that the Parliament agrees to the general principles of the bill or that it does not. Subject to that, it is perfectly in order for a reasoned amendment to a stage 1 motion to add other things; whether they be expressions of particular areas of concern about the bill or suggestions on other courses of action.

The Convener:

Donald Gorrie's concern is that he wants it to be made clear that a member can express approval of the general principles of a bill but can still, nonetheless, block its passage because of circumstances, reasons or calculations that would be included in the reasoned amendment. An amendment could state, for example, that we agree with Tricia Marwick's Proportional Representation (Local Government Elections) (Scotland) Bill, but that we do not agree to pass it at the moment, pending the arrival of an Executive bill.

Hugh Flinn:

I would have thought that that would be possible, because the Parliament would have agreed to the general principles of the bill.

Susan Deacon:

I have a concern about the way in which we are approaching the discussion. Many of the aims and aspirations in Donald Gorrie's paper and the intentions that underlie it are ones that most of us would be sympathetic to or, at the very least, open minded about. However, I am not convinced that we can drill effectively into some of the technicalities through this exchange of views. I realise that the problem is that this is the committee's last meeting but, in the normal scheme of things—if the committee had been continuing to meet—I would have requested that Donald Gorrie's paper be accompanied by a paper from the clerks to test out the questions that the convener has put to Hugh Flinn. Is the best that we can do today to commission such work for the future? I do not see how we can come to conclusions on some of the points at this stage.

Donald Gorrie:

I did not envisage that my proposals would be nodded through and become law tomorrow. If there was sufficient interest in the proposals and it was not thought to be completely daft to make those suggestions, the matter could be considered further.

The Convener:

There is scope for further work on the first two proposals. My immediate reaction, when I looked at the proposals before the meeting, was that Donald Gorrie was not seeking to introduce anything new, but I think that we need to be clear about whether that is the case. We could kick the points about and get a report back to the next committee.

Donald Gorrie:

First, I think that somewhere in standing orders it should state what "general principles" means. Secondly, it is logical that a member should be able to state in an amendment that they support the general principles of the bill, but oppose the bill. My understanding, from people who are involved in such matters, is that there has been fierce resistance to that from whoever resists these things.

There must be somebody resisting such changes.

We might be working along some of the fault lines that exist within the coalition.

Donald Gorrie:

I think that there were other problems. I would like the committee to agree that the points should be examined.

I will mention briefly my other two suggested amendments to standing orders. One arose from the Executive's lodging at stage 3 an amendment to the Local Government in Scotland Bill about management of fire boards, which was a very controversial issue. A number of us approved of the proposal, or might have been persuaded to approve of it, but were totally opposed to the way in which it was introduced. There should be a rule that states that totally new issues cannot be introduced at stage 3.

My final point is, perhaps, idealistic. It might be helpful to state in words of a few syllables and in short sentences that the Presiding Officer has the right to cut members short. I know that the Presiding Officers have that right, but to have it stated in writing it might strengthen it.

The Convener:

We have covered the idea behind that point within the CSG report; there is work being done on that.

We might want to kick around the suggestion that new issues—which have not been debated at stage 2—should not be admissible at stage 3. I am not sure about admissibility. I understand what Donald Gorrie is saying; it cannot be wise to introduce substantive issues late in the day without consultation because to do so will immediately give rise to charges of bad faith and so on. However, I am not sure that it is wise to state that such matters shall not be admissible because we will then get into a debate about what constitutes a new issue. I do not think that standing orders define such matters.

Without having any elaborate model in mind, I can conceive of the possibility that a matter that commands substantial support might crop up late in consideration of a bill. One or two of our first manuscript amendments, for example, were issues that came up at the last minute; members said that the proposals sounded good and that they would like to include them in the bill.

If a proposal seems to be sensible and commands a lot of support, we would want to include it for debate at stage 3, so it would be a pity to fetter our discretion; a situation could arise at stage 3 about which we all wanted to do something. However, if we agreed to Donald Gorrie's suggestion, the introduction of a new issue would have to be bombed out. Perhaps the issue that needs to be addressed as a result of Donald Gorrie's proposal is the need for clear guidance on what is acceptable practice, rather than a rule on admissibility in the standing orders.

It would be helpful if a paper on the issue could be presented to our successor committee.

Are we happy for further work to be done on those points, and for a paper to be put to the next committee?

Members indicated agreement.