Official Report 122KB pdf
Gaelic Language (Scotland) Bill: Stage 1
The first item is the Gaelic Language (Scotland) Bill at stage 1. The first person to pronounce it the "Gaylick" language will be expelled from the committee.
The first item is the Gaelic Language (Scotland) Bill at stage 1. The first person to pronounce it the "Gaylick" language will be expelled from the committee.
How will that be put down in the Official Report?
Phonetically.
We are not talking about Irish Gaelic. We are doing a Scottish Gaelic bill.
We are not talking about Irish Gaelic. We are doing a Scottish Gaelic bill.
Is Michael Russell coming to the meeting?
No.
No.
What a pity—today of all days.
You do not like blood sports. I remember your vote. Right. Carry on.
You do not like blood sports. I remember your vote. Right. Carry on.
I brought a big packet of mints.
Well, anyway, Michael Russell approached the subordinate legislation requirements in the bill in ways that are, I think, quite imaginative. However, the committee might want to consider those.
Well, anyway, Michael Russell approached the subordinate legislation requirements in the bill in ways that are, I think, quite imaginative. However, the committee might want to consider those.
May I make a point, convener, because I am concerned about this? My point about whether Michael Russell would be here was a serious one. I am genuinely not trying to obstruct what I think is a well-intentioned bill, but the question that falls to me as a constituency member—and to you, convener, and others—is what would the bill do for parents at the Gaelic-medium school in my constituency? What would the bill do to support the kids there in relation to what I think is the need for a Gaelic language plan in East Dunbartonshire, which will not be one of the bill's designated areas?
Right. I am going to stop you at that stage. It occurred to me also that there was much explanation along operational lines, if you like. However, that is not a matter for the Subordinate Legislation Committee, but for the subject committee.
Right. I am going to stop you at that stage. It occurred to me also that there was much explanation along operational lines, if you like. However, that is not a matter for the Subordinate Legislation Committee, but for the subject committee.
I just wonder in terms of—
The bill's explanatory notes say that immediately royal assent is given to the bill, it will take effect in an area that would be obvious to us. Then the explanatory notes say that other parts of Scotland will be phased in. I think that that is about policy. In fact, one of our concerns is that the reasons behind a decision about when to phase the bill into a particular area would affect the bill's policy.
The bill's explanatory notes say that immediately royal assent is given to the bill, it will take effect in an area that would be obvious to us. Then the explanatory notes say that other parts of Scotland will be phased in. I think that that is about policy. In fact, one of our concerns is that the reasons behind a decision about when to phase the bill into a particular area would affect the bill's policy.
Yes, but there is no provision for consultation on the commencement order. The bill's policy is affected by the commencement order, which will say, like the Land Registration (Scotland) Act 1979, that the bill's provisions will be rolled out across Scotland. The eventual act would cover different areas.
That would be according to how the local authorities regarded the bill. The bill's regulations would not be mandatory, but would only provide guidance for local authorities. Therefore, it would be down to local authorities' judgment as to when and how the bill would roll out.
That would be according to how the local authorities regarded the bill. The bill's regulations would not be mandatory, but would only provide guidance for local authorities. Therefore, it would be down to local authorities' judgment as to when and how the bill would roll out.
I presume that a local authority could be challenged on its failure to comply with what was in the local plan by saying that that non-compliance did not represent continuous improvement in the delivery of public services. The issue could then come back to Scottish ministers, who could be told that the local authorities are failing. Ministers could then be asked to proceed by way of enforcement notice or whatever.
You are clever.
You are clever.
Michael Russell said in the Education, Culture and Sport Committee's evidence that one of the things that he recognises about the bill is that there are no enforcement procedures, even once the bill has been rolled out.
I would have thought that the bill's roll-out proposals would allow the use of the Local Government in Scotland Bill's mechanisms.
Is that the well-being power?
Is that the well-being power?
Is it not part 1, section 1 on the failure to demonstrate continuous improvement in delivering a public service?
Yes.
Yes.
Good morning, convener.
We are in the Gaidhealtachd at the moment. Brian Fitzpatrick raised concerns about the fact that we would need more information from the promoter of the Gaelic Language (Scotland) Bill—Michael Russell. I think that Brian Fitzpatrick indicated that he would like Michael Russell to come to a meeting of the Subordinate Legislation Committee.
We are in the Gaidhealtachd at the moment. Brian Fitzpatrick raised concerns about the fact that we would need more information from the promoter of the Gaelic Language (Scotland) Bill—Michael Russell. I think that Brian Fitzpatrick indicated that he would like Michael Russell to come to a meeting of the Subordinate Legislation Committee.
Well, it is up to him whether he comes to the committee.
Aye, but we can ask, if you want.
Aye, but we can ask, if you want.
I raised that as a serious point. I think that Bill Butler probably feels the same.
Oh, aye. I was not in the least suggesting that it was not a serious point. I appreciate that it is.
Oh, aye. I was not in the least suggesting that it was not a serious point. I appreciate that it is.
I think that Bill Butler is probably in the same position as me. Curiously, it seems that the bill will not help those areas of the country where Gaelic language provision is in difficulty. To refer to that point is partly to go into the bill's policy, but it is also why I am interested in exploring the mechanism. We have a local difficulty in that I would suggest that my local authority does not take Gaelic-medium education seriously. As far as I can see, Michael Russell proposes that the one area of the country where GME is taken seriously will be the part of the country where the bill will operate first. I do not know why that is suggested.
Right. You have persuaded me. Have you persuaded the rest of the committee?
Right. You have persuaded me. Have you persuaded the rest of the committee?
I suggest that we write to Mike Russell and set out our concerns. We can invite him to come to the next meeting of the committee, if he wishes. He might want just to reply by letter, but we can certainly give him the opportunity to come to the next meeting and answer questions.
Does that suit everyone?
Does that suit everyone?
I think that that is very sensible.
Right. We will defer further consideration of the bill, including the public bodies part of it, until we have heard from Michael Russell.
Right. We will defer further consideration of the bill, including the public bodies part of it, until we have heard from Michael Russell.
Yes.
Okay. We will write to him and ask the questions that the legal brief raised. We would want to do that so that, if he decides to come to the meeting, he can prepare. Whether he comes, or replies by letter, the same questions require answers.
Okay. We will write to him and ask the questions that the legal brief raised. We would want to do that so that, if he decides to come to the meeting, he can prepare. Whether he comes, or replies by letter, the same questions require answers.
Budget (Scotland) (No 4) Bill: Stage 1
This bill makes provision for the Scottish Administration's budget for 2003-04.
This bill makes provision for the Scottish Administration's budget for 2003-04.
As the powers are similar to those that we have seen and asked about before, we should just let the bill go through.
Fine.
Fine.
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Executive Responses