1st Report, 2007 (Session 2)
Annual Report 2006-07

Remit and membership

Remit:

The remit of the Procedures Committee is to consider and report on the practice and procedures of the Parliament in relation to its business.

(Standing Orders of the Scottish Parliament, Rule 6.4)

Membership:

Mr Richard Baker
Chris Ballance (until 24 March 2006 and from 28 June 2006)
Cathie Craigie (until 24 October 2006)
Karen Gillon (Deputy Convener)
Donald Gorrie (Convener)
Robin Harper (from 29 March 2006 to 28 June 2006)
Alex Johnstone
Kate Maclean (from 26 October 2006)
Mr Bruce McFee

Committee Clerking Team:

Clerk to the Committee
Andrew Mylne

Senior Assistant Clerk
Mary Dinsdale

Support Manager
Steven Bell

Annual Report 2006-07

The Committee reports to the Parliament as follows—

Introduction

1. This Report covers the work of the Procedures Committee during the Parliamentary year from 7 May 2006 to 2 April 2007. 

Inquiries and Reports

Review of Parliamentary Time

2. Much of the Committee’s focus this year was on completing its major inquiry into how effectively the time available for Chamber business is distributed and used.  The inquiry reviewed the Parliament’s sitting pattern, the allocation of time for different types of business, and the distribution of time within debates.  A consultation report was published in September and debated in October, and the feedback used to refine the Committee’s final conclusions.  Also in October, two members of the Committee visited the House of Commons and met the Leader of the House, the Speaker and members of the Procedure and Modernisation Committees.

3. The Committee’s final report, published in December, endorsed some current practice, particularly in relation to the existing sitting pattern and the amount of parliamentary time available (although it did feel that time could be better used).  A number of Rule-changes were proposed, including earlier deadlines for lodging motions for major debates and Stage 3 amendments to Bills, a longer interval between Stage 2 and Stage 3, and greater flexibility in the timing of Members’ Business.  Other recommendations included giving all MSPs advance notice of Ministerial statements, greater notice of forthcoming business and additional briefing following Stage 2 of a Bill.  The Committee also recommended trialling a new “interpellation” procedure – a hybrid between oral questioning and a debate on a motion – as a further mechanism for holding Ministers to account.  

4. The Parliamentary Bureau decided not to allocate time for a debate on this report before dissolution, so the Rule-changes proposed have not so far been implemented. 

Public Bills and Substitution

5. In December, the Parliament endorsed Committee recommendations about committee substitution rules and the scrutiny of public Bills.  As a result, the member in charge of a Member’s Bill is no longer able to participate as a member of any committee considering the Bill at Stage 1 or Stage 2, but a substitute may take his or her place.  Similar provision is made for Executive and Committee Bills, and the circumstances in which substitution is permitted were revised, including to cover temporary gaps in committee memberships.  

Other reports

6. The Parliament also debated, and approved Rule-changes recommended in, the following reports:

• Motions and Decisions – to alter the Rules governing how motions and amendments are dealt with and how decisions are taken;

• Rule 10.3.2 (“the 20-day rule”) – to give the Subordinate Legislation Committee more flexibility regarding the timescale to report on statutory instruments;

• Members’ Interests (Parliamentary determinations and resolutions) – to enable the Parliament to make determinations or resolutions under the Interests of Members of the Scottish Parliament Act 2006;

• Consolidation Bill Procedure – to improve the Rules on the scrutiny of Bills that consolidate existing law; and

• Scottish Commission for Public Audit – to give the SCPA equivalent rights to a committee in relation to advertising, broadcasting and recording its meetings. 

Other inquiries

7. Three other issues referred to the Committee were considered during the year:

• whether the Rule requiring committees to produce annual reports should be removed;

• whether the Rules requiring committees to vote by show of hands should be amended to facilitate electronic voting during Stage 2 proceedings; and

• whether the Rules should allow parliamentary questions to be addressed to the “Scottish Government” rather than the “Scottish Executive”. 

8. In all three cases, the Committee agreed not to recommend Rule-changes.  These inquiries were concluded by correspondence, without published reports. 

Bills, SSIs and petitions

9. The Committee was designated secondary committee in consideration of the Transport and Works (Scotland) Bill, introduced by the Executive to implement a 2005 recommendation of the Committee.  The Bill set out a new statutory process to replace the Private Bill process for transport-related projects.  In its report to the Local Government and Transport Committee, the Committee welcomed the Bill in general, but expressed a number of doubts about the level of formal Parliamentary oversight of the process.

10. No statutory instruments or public petitions have been referred to the Committee during the year.

Meetings

11. The Committee met 14 times during the Parliamentary year.  No meetings were held entirely in private, but 10 included items in private, all of which were to consider draft reports.

12. All meetings were held in Edinburgh.