Meeting of the Parliament

Meeting date: Thursday, January 20, 2011

Official Report 1152KB pdf

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“Minor changes to Standing Orders”

The next item of business is a debate on motion S3M-7734, in the name of Gil Paterson, on the Standards, Procedures and Public Appointments Committee’s report, “Minor changes to Standing Orders”.

16:48

The previous debate highlights how I feel about the Standards, Procedures and Public Appointments Committee—there is a good sense of harmony, and members work hard together. It has been a pleasure to convene the committee; I do not say that lightly.

The purpose of this debate is to seek the Parliament's agreement to some minor rule changes that the committee is recommending. The changes that the committee proposes are to clarify existing procedures, to make changes as a consequence of legislation to which the Parliament has agreed and to bring standing orders up to date with current drafting practices.

The first proposed amendment relates to hybrid bills. Although such bills are a form of public bill, chapter 9C of standing orders provides a set of rules for hybrid bills that are separate from the rules for public bills in chapter 9. To clarify the relationship between the rules in those two chapters, the committee recommends an amendment to rule 9.1, to provide that, where the rules on hybrid bills in chapter 9C apply in relation to a bill, those rules supersede the rules on public bills in chapter 9.

The second change that is recommended in the committee’s report is to clarify an anomaly in standing orders. Rule 13.7.11 currently allows the Presiding Officer discretion to decide whether to call a question if the member who lodged it is not in the chamber. However, rule 13.7.4 does not allow that question to be taken if the member is not in the chamber. The committee proposes to rectify that anomaly by removing the discretionary power of the Presiding Officer, so as to make it quite clear that a question can be called only if the member who lodged the question is present.

The Scottish Parliamentary Commissions and Commissioners etc Act 2010 made a number of changes to the composition and titles of the bodies that are supported by the Scottish Parliamentary Corporate Body. The committee is proposing amendments to standing orders to reflect the 2010 act, mainly in relation to the new titles of Public Standards Commissioner for Scotland and Public Appointments Commissioner for Scotland.

A further new provision is proposed to reflect that members of the Standards Commission for Scotland will be appointed by the SPCB rather than by Scottish ministers.

The final change that the committee recommends is to update standing orders to meet current best practice in drafting by replacing terms such as “he or she” with gender-neutral alternatives. Let me explain that. Although using “he or she” is clearly preferable to the previous practice of using “he” to mean both sexes, it has been considered that, as “he” always precedes “she”, there is still a gender bias. The committee is therefore proposing that standing orders should adopt the same recommended practice as is followed in legislation.

On behalf of the Standards, Procedures and Public Appointments Committee, I move,

That the Parliament notes the Standards, Procedures and Public Appointments Committee’s 10th Report 2010 (Session 3), Minor changes to Standing Orders (SP Paper 552), and agrees that changes to Standing Orders set out in Annexe A to the report be made with effect from 1 April 2011.

As no other member has asked to speak, that concludes the debate on the Standards, Procedures and Public Appointments Committee’s report, “Minor changes to Standing Orders”.

16:52 Meeting suspended.

17:00 On resuming—