The next item of business is consideration of Parliamentary Bureau motions. I ask Tom McCabe to move motions S1M-661 and S1M-662.
Motion moved,
That the Parliament agrees that the Rural Affairs Committee be the lead committee in the consideration of the Protection of Wild Mammals (Scotland) Bill and that the Bill should also be considered by the Justice and Home Affairs Committee.—[Mr McCabe.]
Motion moved,
That the Parliament agrees that the following be approved:
the draft Train Operating Companies (Rateable Values) (Scotland) Order 2000;
the draft Railtrack plc (Rateable Values) (Scotland) Order 2000;
the draft Water Undertakings (Rateable Values) (Scotland) Order 2000;
the draft BG Transco plc (Rateable Values) (Scotland) Order 2000;
the draft Electricity Generators (Rateable Values) (Scotland) Order 2000
the draft Electricity Generators (Aluminium) (Rateable Values) (Scotland) Order 2000; and
the draft Electricity Lands (Rateable Values) (Scotland) Order 2000.—[Mr McCabe.]
I ask Des McNulty to move motion S1M-660, on the members' allowances scheme and the equipment and furniture scheme, on behalf of the Scottish Parliamentary Corporate Body.
Motion moved,
That the Parliament
(a) directs the Scottish Parliamentary Corporate Body to provide information technology and other office equipment and office furniture for the Parliament in accordance with the Equipment and Furniture Scheme annexed hereto as Annex One;
(b) makes provision, in accordance with section 81(2) of the Scotland Act 1998 (c.46), such provision to be implemented by the Scottish Parliamentary Corporate Body, for the payment of allowances to members of the Parliament in accordance with the Members' Allowances Scheme annexed hereto as Annex Two, and confers on the Scottish Parliamentary Corporate Body functions as specified in the said Members' Allowances Scheme; and
(c) rescinds the two Resolutions of the Parliament of 8 June 1999 agreeing respectively to motion S1M-40 as amended by amendment S1M-40.2 and to motion S1M-41.—[Des McNulty.]
ANNEX ONE
This is the Equipment and Furniture Scheme referred to in the foregoing motion.
"The Equipment and Furniture Scheme
1. Provision of Information Technology and other Office Equipment, and Office Furniture
(1) The Scottish Parliamentary Corporate Body ("the SPCB") shall provide information technology and other office equipment, and office furniture for the Parliament.
(2) Where such information technology and other office equipment and office furniture is provided for the use of a member for the purpose of carrying out his or her Parliamentary duties—
(a) the member may select the equipment and furniture concerned but only from a list of items specified by the SPCB;
(b) the member shall be responsible for the maintenance, protection and security of such equipment and furniture and the SPCB may, if it has reasonable grounds to believe that any such equipment or furniture is being misused, require the return of the equipment or furniture.
2. Provision of Office Supplies
(1) The SPCB shall provide office supplies and postage stamps or postage paid envelopes for the Parliament.
(2) Where such office supplies are provided for the use of a member for the purpose of carrying out his or her Parliamentary duties the member may select the supplies concerned but only from a list of items specified by the SPCB.
3. Publication
The SPCB shall publish for each financial year in respect of each member details of the total sums expended under paragraphs 1 and 2 of this scheme.
4. Parliamentary Duties
For the purposes of this Scheme, "Parliamentary duties" shall have the same meaning as in rule 8 of Part A of the Members' Allowances Scheme."
ANNEX TWO
This is the Members' Allowances Scheme referred to in the foregoing motion.
"Members' Allowances Scheme
The following Parts A, B and C together with the Annexes attached shall be the Members' Allowances Scheme ("Scheme")—
Part A – General Rules in relation to the Scheme
The following general rules shall, unless the context otherwise requires, govern the Scheme—
Rule 1 – Interpretation and commencement
In this Scheme—
"parliamentary complex" means the place where the Parliament or any of its committees or sub-committees meets from time to time;
"remuneration of staff" includes gross salaries, employers' national insurance contributions and employers' pension contributions;
"main residence" means the property in which the member is resident for council tax purposes under section 75 of the Local Government Finance Act 1992;
"other residence" means any residence which the member owns or leases other than his or her main residence,
and any reference to a Part is a reference to the Part so lettered in this Scheme and any reference to an Annex is a reference to the Annex so lettered in this Scheme.
Rule 2 – Verifiable Expenditure
(1) The Scottish Parliamentary Corporate Body ("SPCB") may, on an application for the purpose made to it by a member in accordance with this Scheme, make payments to that member by way of allowances for the reimbursement of expenses incurred by that member.
(2) Subject to paragraph (3) of this rule, allowances for which a member is eligible shall be paid by the SPCB only upon the production to the SPCB of evidence of relevant expenditure in the form of invoices or receipts.
(3) Supporting invoices and receipts are not required
(a) for payment of the mileage allowance under paragraph 3(2)(b) of Part B; or
(b) for the reimbursement of expenses under paragraph 3(2)(a) or (d) of Part B where the expenditure is £10 or less.
(4) Paragraph 3 of this rule does not apply to taxi fares and car parking charges, other than parking meter charges.
(5) The SPCB shall provide forms for the purposes of administering the Scheme which members shall complete and sign in order to claim the relevant allowance.
Rule 3 – The Allowances Code
The proper use of allowances payable under this Scheme shall be governed by the Allowances Code at Annex A.
Rule 4 – Publication
(1) The SPCB shall publish the following information for each financial year in respect of each member in such form as the SPCB may determine–
(a) details of the allowance expenditure incurred; and
(b) the names of the staff employed by the member.
(2) A copy of the information published under paragraph (1) shall be kept by the Clerk at the office of the Clerk and shall be available for inspection by any person on the days and at the times when the office of the Clerk is open.
Rule 5 – Enforcement
(1) The SPCB shall be responsible for supervising members' adherence to the Scheme.
(2) Where eligibility for any of the allowances in this Scheme is in dispute, and cannot otherwise be resolved, the matter shall be referred to the SPCB for determination.
(3) Any member may make a complaint to the SPCB about another member where he or she has reason to believe that allowances under this Scheme have not been expended in accordance with the Scheme (hereinafter referred to as an improper use of allowances), and where such a complaint is made, the SPCB shall hear that complaint within one month.
(4) Where the SPCB has reason to believe that a member has made an improper use of allowances or where the SPCB has received a complaint under sub-paragraph (3), the SPCB may, after raising the matter with the Business Manager of the relevant political party, initiate investigations into the matter.
(5) Where the SPCB has initiated investigations in accordance with paragraph (4) and finds that a member has made an improper use of allowances, the SPCB shall report to the Standards Committee with its recommendation; and such a recommendation may propose the removal of all or part of the member's allowance.
Rule 6 – Virement
(1) Subject to paragraph (2) of this rule, a member shall not vire amounts between one allowance and another allowance.
(2) A member may vire up to 40% of his or her local office costs allowance to use for staffing or up to 40% of his or her staff allowance to use for local office costs provided that written notice is given to the SPCB.
Rule 7 – Uprating
(1) Subject to paragraphs (2), (3) and (4) of this rule, the SPCB shall uprate allowances on 1 April each year by the amount of increase in the Retail Price Index for the previous financial year.
(2) The SPCB shall, unless the Parliament does not agree, uprate the motor vehicle allowance in line with the maximum rate in respect of vehicles over 1199cc set for local government under section 46 of the Local Government (Scotland) Act 1973, and the uprating will become effective at the same time as it does for local government.
(3) The SPCB shall uprate the motorcycle mileage allowance at the same time as and in accordance with the corresponding allowance set for staff of the Scottish Administration.
(4) The SPCB shall uprate the pedal cycle mileage allowance at the same time as and in accordance with the maximum tax-free allowance set by the Treasury.
Rule 8 – Parliamentary Duties
(1) All of the allowances referred to in this Scheme are to be used only for the purpose of members carrying out their Parliamentary duties.
(2) In this Scheme, "Parliamentary duties" means the undertaking of any task or function which a member could reasonably be expected to carry out in his or her capacity as a member of the Parliament including:
(a) attending a meeting of the Parliament;
(b) attending a meeting of a committee or sub-committee of the Parliament of which the member is a member or which the member is required to attend because of being in charge of a Bill or other matter under consideration by the committee or sub-committee or for any other valid reason relating only to the business of the committee or sub-committee;
(c) undertaking research or administrative functions which relate directly to the business of the Parliament;
(d) attending meetings for the purpose of representing electors or explaining the application of policy including attending meetings for the purpose of seeing a constituent or constituents;
(e) attending Parliamentary party group meetings in Edinburgh;
(f) attending any ceremony or official function or national or international conference as a representative of the Parliament or with the prior approval of a committee of the Parliament or the SPCB;
but does not include a member's activities which are wholly in relation to that member's role as a Party spokesperson or representative.
Rule 9 – Equality
All members shall be treated equally irrespective of whether they have been returned as constituency members or as regional members, subject to paragraph 2 of Part B.
Rule 10 – Allowances: general
(1) Where a member has claimed an allowance from any other source, the member shall not be eligible to claim the same allowance under this Scheme.
(2) Where a person becomes eligible for an allowance part way through the financial year, then the amount of any allowance payable under this Scheme shall be apportioned on a pro rata basis.
(3) Where a person ceases to be a member part way through the financial year, the SPCB shall decide whether or not any allowance shall be apportioned on a pro rata basis.
Part B – Allowances
1. Staff Allowance
(1) Subject to the provisions of this paragraph, a member shall be eligible for an allowance of £36,000 for each financial year for the purpose of employing staff (whether full time or part time, temporary or permanent, through an agency or on a contract for services) to assist the member in carrying out his or her Parliamentary duties. The allowance shall include employers' costs such as gross salary, employers' National Insurance contributions and employers' pension contributions.
(2) Subject to sub-paragraph (3), staff employed by a member will be employed on the terms and conditions determined by the SPCB from time to time.
(3) A member may employ his or her staff on conditions which are more favourable to the employee than those determined by the SPCB provided that this does not entail the member exceeding the amount of his or her staff allowance.
(4) Staff of a member shall be bound by the Allowances Code at Annex A.
(5) Whilst the remuneration of staff shall be the responsibility of the member, the SPCB shall provide—
(a) payroll services for members' staff; and
(b) arrangements for employers' pension contributions to be paid to an employee's choice of pension scheme,
and members shall provide the SPCB with details about their staff to enable the SPCB to provide such services and make such arrangements.
(6) A member may pool his or her staff allowance with another member or other members in order to employ staff who are shared between or amongst them, provided that—
(a) a member of staff remains the employee of a single member; and
(b) the members concerned give written notice to the SPCB.
2. Local Office Costs Allowance
(1) Subject to sub-paragraph (3), (5) and (8), a member shall be eligible for an allowance of £10,000 for each financial year to enable the member, within the constituency or region from which he or she was returned—
(a) to run an office; and
(b) to meet with constituents either on a one to one basis or as a group.
(2) Without prejudice to the generality of sub-paragraph (1), this allowance may be used for the following—
(a) lease of a property or rental of premises;
(b) the provision of utilities;
(c) the purchase or lease of office furniture or equipment or the purchase of stationery.
(d) the member and his or her staff using telecommunications, information technology and photocopying equipment at a location other than the member's Parliamentary office base; and the purchase or lease of associated furniture and equipment.
(3) Where in a particular region more than one regional member is returned from a registered political party's regional list, the amount of local office costs allowance for which each such regional member is eligible shall not be £10,000 but shall instead be computed as follows—
there shall be added together the amount of the office costs allowance referred to in paragraph (1) in respect of one such regional member and 30% of that sum in respect of each of the other such regional members;
the resulting total sum shall be divided by the number of such regional members; and
that amount shall be the local office costs allowance for which each such regional member shall be eligible.
(4) Subject to sub paragraph (5), where sub paragraph (3) applies the office costs allowance shall be used to enable the regional members concerned—
(a) to run only one office in the particular region; and
(b) to meet constituents either on a one to one basis or as a group;
and accordingly some or all of the regional members concerned may pool all or part of their allowances under this paragraph in order to run such an office provided that the members concerned give written notice to the SPCB.
(5) Where sub paragraph (3) applies in relation to a region mentioned in section C of Annex C (eligibility for exceptional needs allowance: the largest regions), the SPCB—
(a) may determine after inquiry that the regional members concerned may run one additional office because that is necessary for the regional members concerned to carry out their Parliamentary duties effectively; and
(b) in those circumstances may increase the local office costs allowance to which each of the regional members concerned is entitled by such a sum as the SPCB may determine but the total of such increases shall not exceed 100% of the office costs allowance referred to in sub-paragraph (1).
(6) Where local office costs are higher than in other parts of Scotland due to the state of the local economy, a member may refer the matter to the SPCB for its determination as to whether the member should be eligible for an allowance greater than the amount mentioned in sub-paragraph (1), but in any event no greater than 10% of that amount.
(7) Where the SPCB has made a determination under sub paragraph (5)(a) the regional members concerned may pool their allowances under this paragraph with any other member or members for that region, provided that all members concerned first notify the SPCB.
(8) A constituency member may locate his or her Parliamentary office base in a constituency other than the one from which the member was returned provided that the location has the prior approval of the member returned from that other constituency and the SPCB is notified immediately.
3. Members' Travel Allowance
(1) A member shall be eligible for the reimbursement of travelling expenses necessarily incurred by that member in performing his or her Parliamentary duties.
(2) In this paragraph—
"travelling expenses" means—
(a) the actual cost of any travel ticket purchased or fare paid in making a journey, or part of a journey, by public transport;
(b) where such a journey, or any part of such a journey, is made by means of a motor vehicle, motor cycle or pedal cycle, owned or wholly maintained by the member, such amount per mile travelled on the journey, or that part of the journey, by means of that motor vehicle, motor cycle or pedal cycle as is described in sub-paragraphs (3) to (5);
(c) in exceptional circumstances, with the approval of the SPCB, the actual cost of car hire and associated petrol costs; and
(d) tolls and carparking charges;
"public transport" means any service or services provided to the public at large for the carriage of passengers by road, rail, air or sea but includes travel by taxi service only where the use of such a service is required for reasons of urgency or where it is not reasonably practicable for the member to use other forms of public transport.
(3) The rate of the motor vehicle mileage allowance will be the maximum set for local government under section 46 of the Local Government (Scotland) Act 1973 and shall apply to all motor vehicles irrespective of engine size or annual mileage.
(4) The rate of the motorcycle mileage allowance will be the corresponding maximum rate set for staff of the Scottish Administration.
(5) The rate of the pedal cycle mileage allowance will be at the level of the maximum tax free allowance set by the Treasury.
(6) Any travel outside Scotland shall be eligible for reimbursement only where the travel concerned has been authorised in advance by the SPCB.
(7) Reimbursement will not be made of the cost of travel between the Parliamentary complex and accommodation rented or bought under paragraph 4(3)(b) where the accommodation is outside the City of Edinburgh.
4. Edinburgh Accommodation Allowance
(1) Where a member's main residence lies within a constituency mentioned in Group One of Annex B, he or she shall not be eligible for any allowance under this paragraph.
(2) Where a member's main residence lies within a constituency mentioned in Group Two of Annex B, the member shall be eligible for an overnight subsistence allowance of up to £80 per night for each night that he or she requires to stay overnight for Parliamentary duties in Edinburgh.
(3) Where a member's main residence lies within a constituency mentioned in Group Three of Annex B, the member shall be eligible for a total allowance of £9000 for each financial year comprising either—
(a) an allowance of up to £80 per night for each night that he or she requires to stay overnight for Parliamentary duties in Edinburgh; or
(b) subject to sub-paragraph (4), an allowance in order to cover the costs of those items mentioned in sub-paragraph (5) below, where such costs are a necessary consequence of having to stay overnight for Parliamentary duties in Edinburgh.
(4) Where the member claims an allowance under sub-paragraph (3)(b) part way through the financial year, then the amount of the allowance payable under that paragraph shall be apportioned on a pro rata basis.
(5) The costs referred to in sub-paragraph (3) relate only to the provision and use as residential accommodation of a property located within a constituency mentioned in group one of Annex B and are—
(a) the rent payable for the lease of the property;
(b) the interest on the capital required to purchase the property;
(c) the conveyancing fees and outlays, and the surveyors' fees, incurred in the purchase of the property;
(d) council tax;
(e) factoring charges; and
(f) the provision of utilities.
(6) Where a member's main residence falls within Group Two of Annex B, the member may refer his or her case to the SPCB and, where there are extenuating circumstances, the SPCB may determine that the member may for the purposes of this paragraph be treated as if his or her main residence fell within Group Three of Annex B.
(7) The SPCB shall publish for each financial year information about any allowance payable under this paragraph including the name of the city, town or village where each member's main residence is located.
5. Exceptional Needs Allowance
(1) This paragraph applies to members returned from those constituencies or regions which are set out in Annex C.
(2) A member shall be eligible to claim an exceptional needs allowance of up to £80 per night where it is unreasonable for the member to return to his or her main or other residence before or after undertaking Parliamentary duties within the member's constituency or region.
6. Overnight Subsistence Allowance
(1) Subject to sub-paragraphs (4) and (5), a member shall be eligible for an overnight subsistence allowance where he or she requires for the purpose of carrying out his or her Parliamentary duties to spend a night away from his or her main or other residence.
(2) The amount of the overnight subsistence allowance shall be—
(a) up to £80 per night; or
(b) up to £100 per night in Greater London; or
(c) in respect of a stay outside the United Kingdom an amount determined by the SPCB.
(3) Any claim for overnight subsistence in connection with a stay outside Scotland shall be eligible for reimbursement only where the stay concerned has been authorised in advance by the SPCB.
(4) A member is not eligible for an allowance under this paragraph in connection with Parliamentary duties in Edinburgh.
(5) A member is not eligible for an allowance under this paragraph in connection with Parliamentary duties within his or her constituency or region.
7. Staff Travel Allowance
(1) This paragraph applies only to staff employed through the SPCB payroll service.
(2) Each member is eligible for an allowance in respect of the cost of 40 single journeys for each financial year between his or her constituency or region and the Parliamentary complex by members of his or her staff, as follows:
(a) 40 single journeys between the constituency or region from which the member was returned, or the main residence of the member of staff, and the Parliamentary complex; or
(b) 40 journeys within that constituency or region undertaken in support of the member's Parliamentary duties, and a journey shall be the sum of all such travel completed within one day; or
(c) a combination of (a) and (b) up to 40 single journeys or journeys in total.
(3) The SPCB shall keep a record of each member's entitlement to an allowance under this paragraph and its use to date.
8. Family Travel Allowance
(1) Each member is eligible for an allowance in respect of the cost of 12 single journeys for each financial year between his or her constituency, region or main residence and Edinburgh for each member of his or her immediate family.
(2) In this paragraph, "immediate family" means—
(a) the member's spouse or another nominated person; and
(b) any child under the age of 18; and
for the purposes of this paragraph "child" includes any step child, adopted child, foster child or any other child living with that member as part of his or her family.
(3) The SPCB shall keep a record of each member's entitlement to an allowance under this paragraph and its use to date.
(4) In order to qualify for the family travel allowance, a member must register with the SPCB who are his or her immediate family eligible to take part in the Scheme.
9. Disability Allowance
(1) This paragraph applies to any member whose ability to undertake his or her role as a member is impaired by reason of disability.
(2) The SPCB may award an allowance up to a maximum of £10,000 per session to a member for him or her to use in any way which the SPCB decides is helpful to the member in undertaking his or her work.
10. Winding Up Allowance
(1) Where a member ceases to serve as a member of the Parliament, he or she shall be eligible for a winding up allowance.
(2) The amount of the winding up allowance shall be the equivalent of one third of the staff allowance and local office costs allowance payable in any one financial year to which the member would otherwise have been entitled.
Part C – Review
For the purposes of determining the success or otherwise of the practical operation of the Scheme, the SPCB shall take all reasonably practicable steps to review the operation of the Scheme by the end of December 2000, and shall following the review make recommendations to the Parliament.
ANNEX A
ALLOWANCES CODE
A Offices
(1) Each MSP will normally have one Parliamentary office base within the area from which he or she was returned that will be his or her registered local address for correspondence.
(2) All MSPs' offices will be presented as ‘The Office of Ms X, Member of the Scottish Parliament' in the Parliament's colours. It should be possible to identify the party affiliation of the MSP as well, if desired.
(3) Parliamentary offices may be acquired in association with political party premises, but must be a clearly definable office space. Party political material is not permitted to be externally displayed in areas occupied by the Parliamentary office.
(4) Parliamentary offices should be suitable for public access.
(5) MSPs will be able to use offices/locations, other than their main base, within the area for which they were returned for surgery purposes.
B Activities
(1) Premises, or the relevant part of premises, acquired as Parliamentary offices should be used only for parliamentary activities, and not for party business.
(2) During the hours that they are employed by an MSP under his or her staff allowance, an MSP's employees may not undertake any significant party political activity.
(3) MSPs will be responsible to the SPCB for the activities of their staff as for their own activities.
(4) Premises, or the relevant part of premises, acquired as Parliamentary offices shall not be used as a base for canvassing or election campaigning, or any party activity related to elections.
Parliamentary stationery and office equipment must not be used for party purposes.
C Responsibilities
(1) Each MSP has a duty to ensure that he or she utilises the allowances to which he or she is eligible for the purpose for which they were intended. This includes any allowances for which he or she is eligible, but which are utilised by members of staff or immediate family.
(2) Each MSP has a duty to ensure that he or she adheres to the terms of this code in spirit and in practice.
ANNEX B
ELIGIBILITY FOR EDINBURGH ACCOMMODATION ALLOWANCES
Group One
Edinburgh West
Edinburgh Pentlands
Edinburgh Central
Edinburgh North & Leith
Edinburgh South
Edinburgh East & Musselburgh
Linlithgow
Livingston
Midlothian
Group Two
East Lothian
North East Fife
Central Fife
Kirkcaldy
Dunfermline East
Dunfermline West
Ochil
Falkirk East
Falkirk West
Cumbernauld & Kilsyth
Airdrie & Shotts
Coatbridge & Chryston
Hamilton North & Bellshill
Motherwell & Wishaw
Hamilton South
Glasgow Anniesland
Glasgow Ballieston
Glasgow Cathcart
Glasgow Govan
Glasgow Kelvin
Glasgow Maryhill
Glasgow Pollok
Glasgow Rutherglen
Glasgow Shettleston
Glasgow Springburn
Strathkelvin & Bearsden
Paisley North
Paisley South
Stirling
Perth
Dundee East
Dundee West
Tweeddale, Ettrick and Lauderdale
Group Three
Aberdeen Central
Aberdeen North
Aberdeen South
Aberdeenshire West & Kincardine
Angus
Argyll and Bute
Ayr
Banff & Buchan
Caithness, Sutherland & Easter Ross
Carrick, Cumnock & Doon Valley
Clydesdale
Clydebank & Milngavie
Cunninghame North
Cunninghame South
Dumbarton
Dumfries
East Kilbride
Eastwood
Galloway and Upper Nithsdale
Gordon
Greenock & Inverclyde
Inverness East Nairn & Lochaber
Kilmarnock & Loudoun
Moray
North Tayside
Orkney
Renfrewshire West
Ross, Skye & Inverness West
Roxburgh & Berwickshire
Shetland
Western Isles
ANNEX C
ELIGIBILITY FOR EXCEPTIONAL NEEDS ALLOWANCE
A: Constituencies of over 250,000 hectares
Argyll & Bute
Caithness, Sutherland & Easter Ross
Galloway & Upper Nithsdale
Inverness East, Nairn & Lochaber
North Tayside
Ross, Skye and Inverness West
Roxburgh & Berwickshire
West Aberdeenshire and Kincardine
Western Isles
B: Constituencies which contain significant island communities
Orkney
Shetland
Cunninghame North
C: The largest regions
Highlands & Islands
North East Scotland
South of Scotland
Mid Scotland and Fife."
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