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Chamber and committees

Procedures Committee, 25 Apr 2000

Meeting date: Tuesday, April 25, 2000


Contents


Consultative Steering Group (Key Principles)

The Convener:

At the outset, the report lists a number of decisions that committee members are invited to take on the basis of the exposition that follows. Members are aware that we had a deputation from the group that is named here as the changing the culture of politics group. The report fleshes out the approach that we might take in the investigation that we have agreed we should carry out later this year. I therefore invite members to address each point for decision separately. Rather than go through the paper, we will go through the recommendations. If members are happy with them all, we will have cracked it.

As we go through the whole process, there will be the opportunity for an extension to the questioning and for other points to come up. What is suggested here is the framework of an approach, rather than a prescription. Are we happy with the remit of the proposed inquiry, as set out in the paper?

Michael Russell:

The title is by no means short. "Principles into practice: making progress with the principles of the consultative steering group" would be a bit snappier than what we have at the moment. I shall return to this when we come to the press release.

Is that a bit of spinning?

Spinning positively on behalf of the committee. We need to return to the press release too. It would be easy to misrepresent this exercise. A malicious journalist—God help us, there are not that many—

They have all left.

Michael Russell:

Good—we can talk about them now. A malicious journalist might say that the Parliament is spending lots of its time and money considering how well it has done. We are not doing that, but trying to consider how much we have lived up to the positive feeling from the CSG. We have to be careful about the language we use as we present the report. For a start, the title is too long—it is not easily understood. We need a shorter and snappier title, and when we come to consider the press release, we need to define more clearly exactly what we wish to achieve.

A further point is that public consultation is the most important part of this. We have an exhaustive list of the great and the good and the organisations that represent them, but that will be meaningless unless we can get in touch with people and ask them what they think the Scottish Parliament has done for them.

The point about the title is well made. The clerk, who will remain anonymous, accepts the rebuke.

One of the underlying principles of the CSG is to get away from the blame culture.

But not from the humour culture, I hope.

Donald Gorrie:

I have a different point, which I have a bee in my bonnet about, although that is, in a sense, what we are here for. Page 3, under "approach", outlines all the areas that are to be considered. The second bullet point concerns the roles of the Presiding Officer, of committees and of civic society. It should also mention the role of individual members and of the parties. Whether we like it or not, politics is conducted on a party political basis. People might hold the view that it is too party political or that it could be improved in some way. Related to that is the role of the individual member—whether there is enough scope, for example.

Tell you what, Iain Smith and I will issue a whip saying that those roles should be added.

I wonder how long the committee will take to conduct the review, if it has to cover all those areas.

The Convener:

Although the exercise is pretty ambitious in many respects, we have already accepted that it is appropriate for us to find out how the Parliament is measuring up. As with anything, it is better to do this well, even if it takes a long time, rather than simply to race through it. However, it might not be an annual exercise.

It might take us the rest of the next three years.

You could be right.

Janis Hughes:

My point is connected to Mike Russell's comments about the title and concerns the principles behind the exercise. Are we asking people to tell us what we have achieved? We are only a year into the Parliament and should bear in mind the fact that it was September before the committees were up and running and that several of them took a while to find their feet. How much have we gone into the meat of the Parliament? There has been much press criticism about what we have not achieved and how we have not lived up to expectations, and I am worried that we are asking people to comment on a negative view of the Parliament. Perhaps we should focus on whether we are getting the balance right.

Donald Gorrie:

That is a very good point. However, as people are being asked to comment by August, we still have the period between now and the summer break. Perhaps we should speak to people with experience of the workings of the Parliament rather than people who have read about it in the press. Everyone is entitled to his or her view, however. I understood that the consultees listed on pages 5 and 6 of the draft paper had already had dealings with the Parliament. Although we should start the exercise, we should also take it on the chin that much of the criticism will be ill-informed.

Or it might be accurate.

Absolutely.

That will be a matter of judgment when we hear it.

I did not quite catch Michael Russell's proposal. Perhaps he could repeat the title that he had in mind.

Michael Russell:

Having read the proposed title again, I should say that my first suggestion for a title was just as bad.

Although the phrase "Principles into Practice" seems fine, it is a bit academic. We need to include "progress" in the title. To an extent, the better the title of the exercise, the more positive the responses will be. Perhaps a title such as "Making Progress with the CSG Principles" is better; however, even "CSG Principles" is technical. We have to start talking about the Parliament's openness and accountability.

Janis raised an interesting point about time scales. Despite the fact that we agreed to undertake the exercise in the autumn, the right time for any report is—perish the thought—a year from now, or two years into the Parliament. I know that there was a commitment to an annual exercise, but we did not make that commitment. If we set a time scale that allows us to report in May 2001, we will not have to take any written evidence until October, which would give us time to get the title and the press release sorted out. That way, we would feel that we were doing things right instead of simply racing ahead.

Janis Hughes:

Although I agree that the title is too long, its reference to implementing principles is right. I do not know whether respondents will have the same perception; perhaps we should concentrate more on whether we are getting the balance of what we are doing right. The CSG principles were only principles, not policy, and people might not necessarily make that distinction.

Furthermore, I agree that we are holding the inquiry a bit early. On this time scale, the Parliament will not be a year into its working before people are expected to give evidence. We should lengthen the time scale to give us the opportunity to put more meat on the bones before people are invited to comment.

The Convener:

The point about decelerating the process is well made. Perhaps the title of the exercise should be "Principles into Practice: Towards an Open and Accountable Parliament", which includes the idea that they are among the Parliament's aims and that our job is to assess that process and give it further impetus. We have all signed up to the CSG principles; the inquiry's purpose is to find out how well we are doing in light of them. We want to give the process further momentum in areas where we are not doing so well and to build a sense that we will go further.

We can put a very positive spin on the title—without spinning in the conventional sense—by building up a sense of expectation and realism that we are genuinely giving the Parliament a good going-over. When we come to public accountability, we should follow the example of other organisations and circulate a questionnaire, for instance, to everyone who has given evidence at the committee. We could ask them questions such as whether they thought their evidence was taken seriously, whether the questions were sensible, whether the evidence was reflected in the recommendations and whether they had any suggestions about varying the format. Such consumer feedback would be informed in a way that—with all due respect—punting the matter out to the readership of the Daily Record would not be.

We could also get genuine public opinion about the Parliament by, for example, stopping every 10th person who came out of the public gallery and asking them questions.

We could do that too.

Mr Kerr:

I think that we are heading in the right direction. We should concentrate on the questions that we will ask, while bearing in mind Janis Hughes' point about the potential for respondents to focus on areas such as policy delivery and other issues for which we have no responsibility. If we get the questions right, we can ask them year-on-year, which would provide us with indicative results about whether the Parliament is improving or getting worse on issues such as openness, accessibility and responsiveness. It is a good idea not to rush the inquiry.

Perhaps most important is an examination of the questions listed in the appendix of the draft paper. As we must be happy that we are asking questions that meet the CSG principles, it might be useful to restructure the paper in that light. As for the title, the subtitle of the draft press release mentions

"action so far on sharing power, accountability and accessibility"

which is perhaps closer to the areas on which we want our respondents to focus. We can rethink the issue because, by the looks of things, we have agreed to take more time over the matter.

Michael Russell:

The committee has not asked for help from a special adviser or consultant. At this stage, it is infinitely more important to consult the public on this matter, although other people and the Executive must be consulted. We need to get a public handle on whether the CSG principles—which are not widely known—have percolated down to people's perceptions of how the Parliament operates. It is not just a matter of MSPs working up those principles; the principles of openness and accountability should show forth in our daily lives and people should be able to refer to them without knowing anything about the CSG. Perhaps we should consider redrafting the press release and the title of the paper—which is often a good way of redrafting a proposal—and develop a proposal for an adviser who would help us with the public consultation.

Furthermore, although through the committees we are reasonably well versed in taking evidence, no committee has yet been fully successful in taking the temperature of people outwith special interest groups. Perhaps we should consider that in a wider context at our next meeting, along with a time scale that allows us to take evidence from September to December so that we can publish a report next year. Another advantage of such a time scale is that we can take evidence and have public consultation while Parliament is sitting.

John Patterson, could you flesh out paragraph 17, which suggests that we discuss

"with colleagues the best way of consulting the public on the issues"?

Do you have any embryonic thoughts about how we might go about that?

John Patterson (Clerk Team Leader):

There are many embryonic difficulties and some of the comments committee members have made are welcome. We will clearly want to consider consultation on the state of the Parliament itself—as Gordon Jackson pointed out—but I am afraid that we are looking to MSPs for suggestions about how to reach a wider audience. We are still at a very early stage in the process.

The Convener:

The difficulty is that we can quickly get into the media debate about the Executive's priorities and policies, which is entirely different from how the Parliament conducts its business. Part of our task is to give some profile to the Parliament as an institution, as opposed to the Executive. What kind of adviser do you have in mind, Michael?

Michael Russell:

Sampling companies and polling companies, for example, specialise in public consultation and will set up groups of people we can talk to. There are ways of doing this. We need some time to examine them and to talk to people who have used such companies. This is a real public exercise. We know how to ask questions of the bodies that are listed in the draft paper, and we certainly need to ask them the right questions, but we must approach the public almost cold to find out whether their perception of the Scottish Parliament reflects the CSG principles, and whether—and to what extent—we have achieved our aims. That is quite a specialised task and we will need to work up a very careful brief for such a company. We can do that if we can clearly define the aims of the exercise.

Mr Kerr:

The list of external organisations could be broadened to include less glamorous but more community-based organisations such as pensioner associations and others that involve people who get together year in, year out. That would certainly be as useful an exercise as consulting Joe Public.

John Patterson:

Page 144 of the CSG report talks about participation and mentions public petitions, citizens' panels and deliberative opinion polling. Any such exercise must be perceived to be at the cutting edge of gathering people's views.

Donald Gorrie:

One of the things that has defeated me in my long period in politics is finding out what the public really think; the cliché about the silent majority is, like all clichés, true. Public consultation costs a lot of money and we do not have any, which might present a practical problem. It might be cheaper to accept Andy Kerr's suggestion and find out the opinions of a specimen number of organisations such as schools, youth groups and pensioner groups. That might be somewhat unscientific—if someone can find the money to do it scientifically, we can do that too. As Janis Hughes said, there is a risk of getting regurgitated, second-hand stuff that people have been fed by hostile newspapers.

There is a budget for special advisers to committees, with a standard, fixed range of fees which is known to the clerks. It would not be impossible to tailor our requirements to such a budget.

Iain Smith:

The discussion has raised a number of interesting points and the Executive generally welcomes the review and will be happy to give evidence. It is quite right to mention that we should ask groups that have already given evidence, "How was it for you?" and find out whether the process was open and accessible enough for them.

However, the groups that have given evidence are the groups that have found ways of accessing the Parliament. There may be others that have not. Some of this is relevant to the agenda of the Equal Opportunities Committee. We need to find out whether there are groups that have been excluded from the process because they do not know how to access the Parliament.

We must avoid reinventing the wheel. Academia is probably conducting studies into how the Scottish Parliament is operating. We should do a trawl among our academic friends to find out what is happening, to ensure that we do not spend money on something that is already being done by universities in Scotland. There is scope for tying in our work with things that are already happening in other parts of society.

The Convener:

That is a fair point.

We have explored the issues thoroughly and would like the report to be revisited in the light of the points that have been made. That is particularly true of the proposed time scale. We also need to investigate ways in which we might consult the public, as proposed in paragraph 17 of the paper. Between now and the meeting at which we will discuss the report further, I would like to liaise with the Equal Opportunities Committee to ascertain how it would like to address the issues that come within its remit rather than ours. The Equal Opportunities Committee may want to propose joint working in certain areas, or it may want to do its own thing. That is a matter for the Equal Opportunities Committee to decide.

There is a good deal to sort out before we move on, but we ought quite comfortably to be able to put together the bones of a report for our next meeting.

Presumably members can put their suggestions to John Patterson.

Absolutely.

John Patterson:

They are welcome to do that.

Michael Russell:

I would like to raise one further issue—for information, more than anything else. This week, we are likely to have the first stage 1 debate on a member's bill. It has been suggested that there will be an attempt to amend the general principles of the bill and the stage 1 report. According to the CSG report and to individual members of the CSG whom I have asked, the CSG did not anticipate amendments to bills at stage 1. Is there anything in the standing orders that would prohibit that?

What does Michael Russell mean by an amendment to the general principles of a bill?

The bill to be debated this week proposes the abolition of warrant sales. If any amendment that is lodged would cause warrant sales not to be abolished, that would be an amendment to the general principles of the bill.

I suppose it would, as it would destroy the bill.

The Convener:

Order. This item is not on our agenda and we cannot reasonably discuss it. A question has been asked about a procedural matter relating to standing orders. I ask the clerks to reflect on the issue that has been raised and to provide all members of the committee with a ruling on this aspect of standing orders as soon as possible this week by e-mail. If there are procedural issues for the committee to discuss, we will do that at a subsequent meeting.

I bring the meeting to a close. Thank you, ladies and gentlemen.

Meeting closed at 11:03.