Meeting of the Parliament

Meeting date: Wednesday, September 26, 2018

Official Report 1223KB pdf

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Parliamentary Bureau Motions

The next item is consideration of Parliamentary Bureau motion S5M-14088, on approval of the Debt Arrangement Scheme (Scotland) Amendment Regulations 2018.

Motion moved,

That the Parliament agrees that the Debt Arrangement Scheme (Scotland) Amendment Regulations 2018 [draft] be approved.—[Graeme Dey]

The question on the motion will be put at decision time.

The next item is consideration of Parliamentary Bureau motion S5M-14089, on approval of the Public Appointments and Public Bodies etc (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2018.

Motion moved,

That the Parliament agrees that the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (Amendment of Specified Authorities) Order 2018 [draft] be approved.—[Graeme Dey]

Does any member wish to speak against the motion?

17:04  

This is a technical instrument that would, in short, remove two public bodies from the remit of the Commissioner for Ethical Standards in Public Life in Scotland. Members will know that the post of commissioner was initiated by Parliament and is independent of the Executive. That independence is a vital check on the Executive, irrespective of the party in power.

The consultation exercise for the Scottish Advisory Committee on Distinction Awards came up with an interesting result: of the nine responses, only two supported the move, while six were against. That does not strike me as an overwhelming vote of confidence in the proposal.

This issue is not about technical instruments alone. It is about a fundamental separation of powers and it is about checks and balances in our parliamentary system. I ask the cabinet secretary to confirm two quick points—first, that the new public health Scotland body, when it comes into being, will come under the remit of the commissioner; and, secondly, that the commissioner will still have an advisory role over any potential breach of standards by members of either of the public bodies that are referred to in the order. Subject to the cabinet secretary’s reply, I am minded to support the order.

I call Jeane Freeman, the Cabinet Secretary for Health and Sport, to respond on behalf of the Government.

17:05  

I thank Mr Stewart for raising this important issue. I put on the record my absolute support and the support of the Government for the principles that he outlines regarding the importance of the Commissioner for Ethical Standards in Public Life in Scotland and of the separation of powers.

I am happy to give Mr Stewart and other colleagues the assurance that the new public body, public health Scotland, will be subject to the commissioner’s remit and that, should any issues arise with respect to standards in the existing body and in the Scottish Advisory Committee on Distinction Awards in the interregnum between the passing—I hope—of the order and the appearance of the new body, I would immediately seek the advice of the commissioner on how to deal with it, because the commissioner will still have that role. We expect both bodies to continue to comply with the principles and standards that the commissioner has rightly set.

The question on the motion will be put at decision time.