Parliamentary Bureau Motions
the next item is Parliamentary Bureau motions, of which there are three. I call Patricia Ferguson to move motion S1M-2927, on the approval of statutory instruments.
Motion moved,
That the Parliament agrees that the following instruments be approved—
the Pig Industry Restructuring (Capital Grant) (Scotland) Scheme 2002 (SSI 2002/43); and
the draft Public Finance and Accountability (Scotland) Act 2000 (Consequential Modifications) Order 2002.—[Patricia Ferguson.]
I call Patricia Ferguson to move motion S1M-2928, on committee membership.
Motion moved,
That the Parliament agrees that the following Members be appointed to Committees—
Gordon Jackson to replace Elaine Thomson on the Enterprise and Lifelong Learning Committee;
Angus MacKay to replace Gordon Jackson on the Justice 1 Committee;
Brian Fitzpatrick to replace Bristow Muldoon on the Subordinate Legislation Committee; and
Elaine Thomson to replace Michael McMahon on the Local Government Committee.—[Patricia Ferguson.]
I have received notice of a member wanting to speak against motion S1M-2928.
Although the motion contains the names of four members to appear as replacements on committees, one of those members is a ministerial parliamentary aide. There is an agreement among parties that they will not interfere in each other's nominations for committees. I support that agreement and will continue to support it.
Motion S1M-2929 talks about substitution on committees, and I hope that the agreement will continue when we consider further substitutions. At this moment, it might be appropriate for me to say, on behalf of the chamber, that we all extend our best wishes to Karen Gillon as she embarks on her maternity leave. The next substitution will, therefore, be in the Education, Culture and Sport Committee.
My concern about motion S1M-2928 is that it has the name of Elaine Thomson. I have nothing against her performance as an individual member. Indeed, I understand that she was a diligent member of the Enterprise and Lifelong Learning Committee and represented particularly the views of the energy industry in her constituency on a national basis. However, it is inappropriate for a ministerial parliamentary aide to sit on a committee that scrutinises the Executive. The appointment of a ministerial parliamentary aide is under the patronage of the First Minister, so the aide is beholden to the Executive. It is inconsistent for that appointee to have also a proper job of scrutinising the Executive.
I alert members to the Scottish ministerial code, which states:
"Ministerial Parliamentary Aides may serve on Parliamentary Committees but they should not serve on Committees with a substantial direct link to their Minister's portfolio."
Let us consider the situation of Elaine Thomson. She is the parliamentary aide to the Minister for Enterprise, Transport and Lifelong Learning and is joining the Local Government Committee. Only yesterday, that committee produced a report that discussed business rates and recommended, rightly or wrongly—wrongly, in my view—that business rates should be returned to local council control. How can a member sit on a committee that is considering business rates and take a neutral position and at the same time represent the minister's interests?
I refer members to paragraph 4.10 of the ministerial code, which says about ministerial parliamentary aides:
"They should also exercise discretion in any speeches or broadcasts which they may make."
The paragraph goes on to say:
"They must bear in mind that, however careful they may be to make it clear that they are speaking only as backbenchers, they are nevertheless liable to be regarded as speaking with some of the authority which is attached to a Minister."
That is why the Scottish National Party objects so strongly to the appointments of ministerial parliamentary aides in the first place but, more important, objects to those aides joining committees. To do so undermines the committees' independence, which is so vital to Parliament.
We have a situation in which probably most of the people sitting on the benches opposite have at some point been a full member of the Executive, a deputy minister or a ministerial parliamentary aide. I see Elaine Smith shaking her head. Perhaps her day will come. There is a serious point here. We cannot have a situation in which we have a diminishing number of back benchers to serve on committees. We must preserve the committees' integrity and their ability to scrutinise the Executive. One cannot serve two masters. One cannot be a ministerial parliamentary aide and serve on a committee. For that reason, I am speaking against motion S1M-2928 and I move that we vote on it.
I am surprised that the SNP has decided to raise this issue at this time. Just over a month ago, Ms Hyslop wrote to me about the issue. Unfortunately, she managed to get some of the facts wrong in her letter. I rebutted that letter around 5 March, I believe. As no correspondence had winged its way to me from that source, I had to presume that Ms Hyslop was content with the reiteration of the facts as they were.
I hear SNP members saying that I was wrong, but I was absolutely correct. I find it hypocritical for Ms Hyslop to raise this matter with us today, not least because the SNP's health spokesperson and deputy health spokesperson are, apparently with no conflict of interest, members of the Health and Community Care Committee. In fact, Mr Russell, who is the SNP's education spokesperson, is on the Education, Culture and Sport Committee, a situation that we would be happy to go along with, if not for the fact of Ms Hyslop's hypocrisy today.
Will the member give way?
No, thank you.
I also point out that Ms Hyslop is a member of the Procedures Committee, which closely shadows the work of the Parliamentary Bureau, of which Ms Hyslop is a member.
It is strange that the matter is raised today. It shows that the SNP has not thought through properly the role of ministerial parliamentary aides in the Parliament. I also think that it shows a distinct lack of knowledge of the individuals involved. To suggest anything else does those individuals a grave disservice.
The decision on that motion will come in a moment.
We move to motion S1M-2929, which is the bureau motion on substitution on committees.
Motion moved,
That the Parliament agrees that Cathy Peattie be the nominated committee substitute for the Labour Party on the Education, Culture and Sport Committee as permitted under Rule 6.3A.—[Patricia Ferguson.]
No one has asked to speak against that motion.