Plenary,
Meeting date: Thursday, May 31, 2001
Official Report
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Points of Order
I would like to raise a point of order, Presiding Officer, of which I have given you advance notice.
It was reported in yesterday's press that the First Minister had signed up on Monday to a deal, with his counterparts in other European Union countries with devolved Governments, on participation in European Union decision making. I understand that the text of the agreement was not released by the Scottish Executive, but sources in Brussels produced the statement that, with the signing of a political declaration on 28 May 2001, the constitutional regions of Bavaria, Catalonia, North Rhine Westphalia, Salzburg, Scotland, Wallonia and Flanders
"wish to contribute to the debate on the future of the European Union".
No doubt that is a worthy objective, and the political declaration lists five good key points on behalf of the devolved Administrations. [Members: "What is the point of order?"] The point of order is this. According to a report in The Herald yesterday, the First Minister's spokesperson
"stressed that the first minister was acting on behalf of the parliament"
The First Minister's spokesperson has since told me that he said no such thing, but it would appear that the First Minister may have acted in breach of the protocol that was agreed between the Scottish Executive and the committees of this Parliament. Paragraph 16 of the protocol states:
"The Executive will keep Committees informed about any announcements, News Releases, reports and other activity relevant to the Committee's remit."
In this case, the Executive appears to have failed to inform Parliament or the European Committee of this Parliament. I ask the Presiding Officer to give a ruling on the matter, to ensure that the Executive abides by the agreed protocol and does not treat this Parliament with contempt.
I am grateful to Dennis Canavan for his courtesy in giving me notice of the point of order. I have not been able to resolve the matter in the short time that I have had to consider it. If Dennis Canavan leaves it with me, I will investigate and report back.
On a point of order, Presiding Officer.
Is it the same point of order?
No.
I apologise for being unable to give you notice, Presiding Officer, but the point of order to which I refer arose during question time. Both the First Minister and the Minister for Finance and Local Government discussed and referred to possible full fiscal autonomy for this Parliament. I had a question to that effect, asking the Minister for Finance and Local Government to instigate a proper study and inquiry into full fiscal autonomy. My question was rejected; I was informed that it was outwith the scope of this Parliament.
If ministers can refer to and discuss full fiscal autonomy, is it outwith the scope of the Parliament to discuss the subject?
It is always possible for discussion to take place on reserved matters in this Parliament. What is not possible is to ask questions of ministers on reserved matters. That is the distinction between those two situations.