Plenary, 27 Sep 2007

Meeting date: Thursday, September 27, 2007

Official Report 768KB pdf

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Merging the Procedures Committee and the Standards and Public Appointments Committee

The next item of business is a short debate on motion S3M-497, in the name of Keith Brown, on behalf of the Procedures Committee, on merging the Procedures Committee and the Standards and Public Appointments Committee.

The motion invites the Parliament to note the recent Procedures Committee report, which recommends that the remits of the Procedures Committee and of the Standards and Public Appointments Committee be brought under one new committee. The changes to standing orders that we recommend are set out in annex A of the report.

In June, the Presiding Officer wrote to the Procedures Committee advising that the Parliamentary Bureau had recommended that the committee consider bringing together the Procedures Committee and the Standards and Public Appointments Committee. That possibility was also raised at the end of session 2 by the previous convener of the Standards and Public Appointments Committee, who suggested that the formation of one committee for standards and procedures might be appropriate, to assist members in making the most efficient use of their time.

In reaching its conclusion, the Procedures Committee considered a number of factors relating to the merging of the committees. First, we noted that, in addition to the references to the Standards and Public Appointments Committee in legislation, there are references to that committee and its clerks in other parliamentary documents such as the "Code of Conduct for Members of the Scottish Parliament" and determinations by the Parliament on the register of interests. We questioned whether the establishment of a new, merged committee might affect the validity of references in other documents to either committee as previously constituted. We are content that such references would, where appropriate, be read as if they referred to the new committee.

Secondly, we noted that the Parliamentary Bureau had already sought clarification of any potential conflict of interest that would result from bringing together the committees' remits. As both committees report to Parliament on, and require Parliament's approval for, any recommendations that they make, we see no conflict of interests for a member who happens to be a member of both committees. Accordingly, we do not see that as an issue for the new committee.

In previous sessions, the Standards and Public Appointments Committee considered a fair amount of legislation. As a result of the Interests of Members of the Scottish Parliament Act 2006, the committee carried out a review of the code of conduct, to ensure that it reflected the new requirements for members to register their interests. However, it is unlikely that the same amount of legislation will be forthcoming in this session, so demands on the committee's time will be reduced. The Procedures Committee and the Standards and Public Appointments Committee understood that a new committee could not predict its workload—for example, the number of complaints that might be made under the code of conduct or any urgent procedural issues that needed to be considered—and that meetings to consider such issues would be required when necessary.

We concluded that there was no reason why one committee could not manage effectively the areas that are covered by both of the current committees' remits, subject to our ensuring that the new committee examines procedures and standards issues separately at all times. I am pleased to recommend the establishment of the new committee to the Parliament.

I move,

That the Parliament notes the Procedures Committee's 1st Report, 2007 (Session 3), Merging the Procedures Committee and the Standards and Public Appointments Committee (SP Paper 7), and agrees that the changes to Standing Orders set out in Annexe A to the report be made with effect from 28 September 2007.

I confirm that, at the beginning of the session, the Parliamentary Bureau agreed on this direction. The Scottish Government welcomes the proposals in the Procedures Committee's report and acknowledges the work that the convener and members of the committee have done. I pay particular tribute to Cathy Jamieson, David McLetchie and Robert Brown, who were involved at the beginning of the discussion in the bureau. That discussion has been taken forward in a constructive manner.

Keith Brown made the point that no conflicts of interest arise for members if the committees are merged. Members can also be assured that business will not be compromised. It is clear that establishing a new committee will in no way diminish the integrity of the existing committees' work.

I take the opportunity to thank past members of both the Procedures Committee and the Standards and Public Appointments Committee for their contribution and for the legacy that they have left to the Parliament. They have done sterling work over a long period. I wish the new committee all the best in its deliberations, under the convenership of Keith Brown. The Scottish Government is happy to endorse the report and the consequential changes to standing orders.

I call Cathie Craigie to wind up the debate. Ms Craigie, you have one minute.

I am honoured to have to speak for only one minute, unlike previous deputy conveners of the Procedures Committee, who have had to go on and on to fill the time in what I remember as the graveyard shift.

The convener has given the committee's reasons for recommending the merger of the Procedures Committee and the Standards and Public Appointments Committee. I am happy to endorse the recommendation. I am sure that the Parliament expected the Procedures Committee to take the proposal seriously and I assure members that we did so. We are confident that there will be no conflict of interest.

We considered the proposed new committee's workload and concluded that we could manage, given the legislative programme of the new Executive. I am happy to support the establishment of a standards, procedures and public appointments committee, and I ask members to do likewise.