Chamber and committees

Following representations from academics and others to the Scottish Government, the First Minister is making representations to the British Geological Survey (BGS) urging them to reconsider their decision and retain the core store at Gilmerton. I have also written to BGS in similar terms.

Discussions on this issue continue with BGS, the Department of Energy and Climate Change (DECC) and others. We have raised particular concerns regarding the scope of the initial BGS consultation process before this decision was made.

The Scottish Government meets regularly with Network Rail as owner of the rail infrastructure in Scotland to discuss a number of issues, including adverse weather preparation and remedial action arising from changing weather patterns across all Scottish routes. Discussions with landowners on the impact of disruption to rail services due to flooding are a matter for Network Rail.

The Scottish Government is aware of the various issues affecting medicines supply. Whilst the choice of method of medicines distribution is a commercial decision for the companies concerned, the Scottish Government expects patients to receive the medicines they need promptly. The Scottish Government is in contact with NHS National Services Scotland and Community Pharmacy Scotland to monitor the effect of the changes to the supply chain and will take appropriate steps to ensure continuity of supply wherever possible.

I refer the member to the answer to question S3W-28745 on 19 November 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

This is a matter for Network Rail. The information requested is not held by the Scottish Government in this form.

Transport Scotland liaises with Network Rail with regard to preparing for adverse weather. It has received no representations on the effects of flooding on land and homes adjacent to railway lines in the north east.

In accordance with the Sewel Convention, the UK Parliament does not legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.

This is an important part of the devolution settlement, which acknowledges the special constitutional position of the Scottish Parliament and the democratic mandate conferred on this Parliament by the people of Scotland. In the view of the Scottish Government, the Sewel Convention will remain an essential part of the constitution of the UK for as long as the UK Parliament retains its current powers and functions in relation to Scotland.

In the normal course of business, legislation on devolved matters should be scrutinised and determined in the Scottish Parliament. There may however be situations in which it is helpful and appropriate for legislation dealing with devolved matters to be taken forward at Westminster.

The Scottish Government is committed to assessing opportunities of this kind on their merits and to working closely and constructively with the UK Government, on a case-by-case basis, to deliver legislation which best meets Scotland''s needs. The Scottish Government is equally committed to working with the UK Government to pursue opportunities to extend devolved competence.

The formal consent of the Scottish Parliament is required in relation to all proposals for Westminster primary legislation on devolved matters, including alterations to devolved competence, in accordance with Chapter 9B of Standing Orders.

Within the legislative programme announced today by the UK Government, we have identified and agreed a number of potential opportunities to legislate for the benefit of Scotland on matters that are within the legislative competence of the Scottish Parliament or which alter legislative or executive competence.

The UK bills which we currently expect to give rise to Legislative Consent Motions (LCMs) in the Scottish Parliament cover:

Bribery “ to modernise the law on bribery by creating two new offences covering the bribery of foreign public officials and corporate liability for negligently failing to prevent bribery.

Crime and Security - to extend regulation of the private security industry in Scotland in a manner which is consistent with analogous new provisions for England and Wales.

Energy “ to support movement by the UK to a low carbon economy, including through the funding of up to four Carbon Capture and Storage (CCS) commercial-scale demonstration projects.

Financial Services - to promote stability, efficiency and competition in financial markets, including through the provision to the public of advice and education in relation to financial matters.

Flood and Water Management - to ensure clarity in relation to the regulation of cross border reservoirs, in the context of measures to better protect England and Wales from flooding.

The Scottish Government will, in due course, lodge memoranda and motions for these bills, once they have been introduced in the UK Parliament. It will then be for the Scottish Parliament to determine whether to give or withhold consent.

In addition, three UK bills are being carried over from the 2008-09 session. LCMs for these bills have already been lodged in the Scottish Parliament.

Child Poverty “ to provide statutory underpinning for the UK commitment to eradicate child poverty by 2020, and to place new duties on Scottish ministers in relation to the Scottish child poverty strategy; the new Child Poverty Commission (CPC), and the appointment of a commissioner to the CPC.

Constitutional Reform and Governance - to place management of the Civil Service on a statutory basis and place a reporting duty on the First Minister in relation to the employment of Special Advisers. The bill also revokes the devolution of competence which enabled the Scottish Parliament to legislate in relation to human rights claims against the devolved administrations (Somerville). It maintains the effect of that legislation and extends similar arrangements to Wales and Northern Ireland.

Equality “ to revise and extend the law on discrimination and to enable Scottish ministers to make regulations to assist disabled people in the adaption of common parts of buildings. A Scottish Government consultation on the extension to Scotland of a further socio-economic duty concluded on 26 October 2009 and will inform consideration of this aspect to the bill.

It is possible that further opportunities to legislate for Scotland by means of Legislative Consent Motion may occur in connection with other UK bills, including private member''s bills. Any additional proposals of this kind, together with any relevant amendments to the government bills listed above, will be drawn to the attention of the Parliament as they arise, in line with the requirements of Standing Orders.

The Scottish Procurement Directorate has published guidance on pre-qualification processes which provides advice to procurement staff on the evaluation of a tenderer''s ability to perform the contract to the required quality.

http://www.scotland.gov.uk/Publications/2006/11/16102303/supplierselection.

One of the six single steps I announced on 28 April 2009 was that public bodies should monitor the proportion of their procurement spending with SMEs. At a national level, information from the Scottish Procurement Information Hub (covering 2005-06 to 2007-08) suggests that public procurement spending with SMEs has remained stable at around 48% of total public procurement spending. As Chair of the Procurement Reform Board I intend to monitor this figure closely.

I refer the member to the question S3W-28748 on 16 November 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

I have asked all public bodies, including non-departmental public bodies, to review their procedures to ensure that SMEs have a fair opportunity to compete.